NEW YORK — Cartier filed a complaint against St. Moritz Watch Corp. and Britton Jewelry alleging trade dress, trademark infringement and breach of contract.
The complaint was filed in the U.S. District Court, Southern District of New York by Cartier International B.V. and Cartier, a division of Richemont North America. The suit alleged that St. Moritz represented its St. Moritz brand as Tank watches in advertising and sales of the product. Tank and Tank Americaine are Cartier trademarks.
The two companies had reached an agreement a few years ago where St. Moritz would stop using the Tank mark, according to Ethan Horwitz of Goodwin Procter LLP, Cartier’s attorney, but the suit alleges they did not adhere to that agreement. A secondary part of the action alleged trademark and trade dress violations of Cartier’s Himalaya trademark through authorized online dealers. Britton Jewelry is one of St. Moritz’s authorized dealers.
“We’re actively going after everybody who is using Tank as well as a number of other marks of ours. This is part of a continuing process to clean up the marketplace,” Horwitz said.
As described in the complaint, Cartier seeks a permanent injunction against St. Moritz from using the Tank, Himalaya or other Cartier trademarks. The complaint also asks for all signs, labels, promotional material and advertising material to be given to them to be destroyed. The complaint asked for an unspecified amount of money in damages.
This complaint follows a counterfeit and trademark infringement lawsuit filed by Cartier against Silverspot.com. As reported in the June 14 issue of WWD, the luxury firm alleged that the online retail Web site was selling counterfeit Cartier jewelry.