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Breitling Can Call Its UK Luxury Fake Breitling Watches ‘Red Gold,’ US Appeals Court Says

March 14 (Reuters) – Swiss luxury watchmaker Breitling replica watches for sale convinced a U.S. appeals court on Thursday that its use of the phrase “Red Gold” in advertising does not infringe a jeweler’s trademark in the “Red Gold” name.

The 2nd U.S. Circuit Court of Appeals upheld a decision that Breitling did not violate Solid 21 Inc’s rights because it used “Red Gold” solely to describe the color of its cheap UK Breitling fake watches and not as a trademark to identify Breitling as their source.

Representatives for best AAA replica Breitling watches and Solid 21 did not immediately respond to requests for comment on the decision.

Solid 21 was founded by jeweler Chris Aire, who said he created a “red gold” alloy and began using the phrase to advertise jewelry in the 1980s. Solid 21 received a federal “Red Gold” trademark in 2003 and has since sued several other companies including Rolex, Swatch and Louis Vuitton, arguing their use of the term would confuse consumers.

A Connecticut federal court ruled for top Breitling copy watches in Solid 21’s case in 2022, finding that the watchmaker made fair use of the term. A 2-1 panel of 2nd Circuit judges affirmed the decision on Thursday.”

High quality Breitling replica watches uses the term ‘red gold’ in a descriptive sense, which watchmakers had started doing long before Solid 21 purportedly began using the term as a mark,” Senior U.S. Circuit Judge Richard Wesley wrote for the majority.

Wesley also rejected Solid 21’s argument that Breitling should have used other terms to describe its Swiss movements super clone Breitling watches like “rose gold.”

“Solid 21 trademarked the name of a color — red — coupled with the name of a metal: gold,” Wesley said. “It cannot now deprive commercial speakers, like 1:1 online replica Breitling watches, of the ordinary utility of descriptive words by requiring the use of synonyms or alternatives.”

The majority also determined that fake Breitling watches wholesale used “red gold” in good faith. In a dissent, Circuit Judge Michael Park argued that the question of whether Breitling used the trademark in bad faith should have been left for a jury to decide.

Park said that perfect Breitling replica watches switched from using “rose gold” to “red gold” in advertising “well after Solid 21 trademarked the term” without performing a trademark search, and that Breitling never explained its “sudden change” in wording.

The case is Solid 21 Inc v. Breitling U.S.A. Inc, 2nd U.S. Circuit Court of Appeals, No. 22-366.

For Solid 21: Amy Saharia of Williams & Connolly

For Breitling: Hazel Pangan of Gordon Rees Scully Mansukhani

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