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.
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.