Case On Point
In this month's case, the court considers a trademark claim in the context of repurposed products.
Hamilton International Ltd. v. Vortic LLC
(U.S. Dist. Ct. for the S.D.N.Y. 2020)
Vortic is in the business of converting antique pocket watches into wrist watches. The wrist watches utilize the inner workings of the pocket watches and display the original trademarks. Hamilton International Ltd. sued, claiming that the sale of repurposed pocket watches bearing the original trademarks constituted infringement. After trial, the judge ruled for Vortic, finding its full disclosure regarding the product precluded a finding that there was a likelihood of confusion as to the source of its product. Such disclosure included:
- the prominent placement of the Vortic trademark on the products;and
- the accurate description of the source of the products and their components in Vortic's marketing materials.