LVMH Wins Trademark Battle Against Beverly Hills Jeweler

Beverly Hills jeweler, Chris Aire, sued a whole host of fine jewelry and watches brands back in 2010 for trademark infringement over the use of the term “Red Gold.” One of the brands sued by Aire was LVMH’s Hublot. The legal battle between Hublot and Aire has gone through several levels of the judicial system.

The crux of Aire’s claim was that “Red Gold” was a signifier of Aire’s products and brands and that he in fact had exclusive right over the use of this term because he had federally trademarked the term.

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Hublot attempted to dismiss the case through a motion of summary judgment, claiming that the trademark is generic. The lower court declined to dismiss the case and deemed that there were enough questions of fact that a jury needed to decide the outcome. Hublot then appealed this decision once again arguing that Aire has no exclusive rights over the term “Red Gold” because the term has become generic within the industry.

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LVMH Appeals Lower Court’s Decision In ‘Red Gold’ Case

The legal battle over the use of the term ‘Red Gold’ in jewelry is raging on. Beverly Hills jeweler, Chris Aire, recently sued almost 20 luxury fashion brands, claiming trademark infringement for their use of the term ‘Red Gold’ to describe their fine jewelry and watches.

One of the brands sued was LVMH subsidiary, Hublot, who moved for summary judgment claiming that the term ‘Red Gold’ is generic and that any use of the term is not trademark infringement.

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The judge in the lower court dismissed Hublot’s motion for summary judgment. Typically, a motion for summary judgment rests on the argument that there is no legal basis on which the original complaint can stand.  The judge held that the issue of whether the term ‘Red Gold’ is not a matter of law to be decided by the court, but rather a matter of fact to be decided by a jury.

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