Do you own any “red gold” jewelry or watches?
Not ringing a bell? Consumers might be more familiar with the more commonly-used term “rose gold,” an extremely popular, pink-colored, gold-copper alloy. Beverly Hills jeweler to the stars, Chris Aire, stated their claim to the masculinized version of the metal, and received a registration for the term “red gold” from the USPTO in 2003. The goods and services for the registered trademark are, “Class 014: Fine jewelry made of a special alloying of gold with a distinct color made into fine jewelry, namely, watches, necklaces, bracelets, rings, anklets, cuff links, ornamental hair pins, belt buckles of precious metal, tie clips and pegs, and earrings.”
Chris Aire’s “red gold” designs range from $280 for stackable rings, to a cool $260,000 for a Chris Aire-branded chronomatic full diamond watch. The jeweler gained global recognition, not for their “red gold” designs, but when the jeweler filed suit against major brands like Rolex, LVMH Moët Hennessy Louis Vuitton, Richemont, and Omega, claiming nearly 20 different watch brands used “Red Gold” without Chris Aire’s permission. Additional cases against Chopard, Movado, and other brands were filed in 2013.
Counsel for LVMH (the conglomerate behind brands like Louis Vuitton, Moët & Chandon, Hennessy, Christian Dior, Fendi, Marc Jacobs, Givenchy, Bvlgari, Kat Von D Beauty, FENTY, Make Up For Ever, Sephora, Hublot, TAG Heuer, to name a few) tried to establish the term “Red Gold” is a generic term when used for watches and jewelry, and therefore is not protectable as a trademark even if Chris Aire can show consumers have come to associate the term with the jeweler’s products. LVMH presented several patents using the term “red gold” to describe materials of jewelry or watches and more than 60 articles using the term “red gold” in a generic fashion.
After nearly 8 years of litigation, in 2018 Chris Aire and LVMH entered into a confidential settlement. Chris Aire and Breitling also signed a similar confidential settlement in 2013, but the former has since filed a new suit against the latter in federal court as of last week.
What do you think about Chris Aire’s litigation tactics? Will you be purchasing “red gold” jewelry and watches soon?
Article by Carissa Chow