Case On Point
Solid 21, Inc. v. Breitling USA, Inc.,
(2d Cir. 2024)
Solid 21, Inc. is a manufacturer of watches and other luxury jewelry items. It registered the trademark "Red Gold" for its line of products made from a combination of gold and copper, and having a reddish tint. Breitling is also a purveyor of watches and luxury jewelry, including products made from the same combination. Breitling used the term "red gold" to describe such products in its advertising.
Solid 21 sued Breitling for trademark infringement. The Court of Appeals affirmed the district court's grant of summary judgment, finding that Breitling's use of the term fell within the fair use defense to trademark infringement. To prevail on such a defense, Breitling had to show the mark was:
- not used as a mark to designate the source of the product;
- was used in a descriptive sense; and
- was not used in bad faith.
In this instance, the mark was used solely to describe the shade of gold used in the product. In fact, "red gold" or "rose gold" are terms that have been used historically to describe gold blended with copper, as compared to white gold, for example, which is gold mixed with silver. The court also found that the term was not used by Breitling to identify its source, or to trade on the goodwill of Solid 21.
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