CollectionsNov 08, 2024
Piece of the Week: Larkspur & Hawk’s ‘Tapestry Lily’ Earrings These earrings use flat-backed white quartz to create a window onto an antique ribbon embroidered with a floral design.
WatchesJan 08, 2014
Audemars nets Royal victory in trademark case
A watch company has been ordered to pay Audemars Piguet more than $9 million in damages for selling a watch that was deemed to be a knockoff of the luxury watchmaker’s “Royal Oak.”
Audemars Piguet won a federal trademark infringement case against a company that it said was selling a watch too similar in design to the Royal Oak, pictured here.
New York--A watch company has been ordered to pay Audemars Piguet more than $9 million in damages for selling a watch that was deemed to be a knockoff of the luxury watchmaker’s “Royal Oak.”
Court papers show that on Monday, New York District Court Judge Harold Baer Jr. ruled in favor of Audemars Piguet in its lawsuit against Swiss Watch International Inc. (SWI) and executive Lior Ben-Shmuel. SWI operates the website WorldofWatches.com and sells its watches via other online retailers, including Amazon.com.
In the suit, filed in July 2012 in federal court in New York, Audemars Piguet said the defendants’ Swiss Legend Trimix watches for both men and women, which debuted between 2010 and 2012 and sell for $79 to $249, were too similar in design to the Royal Oak, a model that has been around since 1972 and sells for $15,000 and up.
Audemars accused SWI of federal trademark infringement, common law unfair competition and trademark dilution under New York law.
SWI countered with a claim calling for cancellation of Audemars Piguet’s trademarks for the Royal Oak, arguing that the “octagonal shape is one of the few shapes available for a watch and thus is functional,” meaning that it cannot be protected by trademark, court papers state.
In his ruling issued Monday, which followed a four-day bench trial in June, Judge Baer came down on the side of Audemars Piguet, noting that the “similarities between these watches remains striking.”
“The court finds that the defendant’s Trimix watches are indeed quite similar to the Royal Oak design, in their octagonal bezel with eight flat screws spaced out around the bezel,” court papers state.
He awarded treble damages totaling $9.8 million in the case, noting that it is “more likely than not that defendants intentionally used plaintiffs’ marks with the knowledge that these marks were counterfeit,” court papers state.
In an emailed statement, SWI said it respectfully disagrees with the court’s ruling and plans to appeal.
“We at SWI take tremendous pride in and stand by the integrity, quality, and originality of our watches and other products,” the company stated.
Baer noted several times in his ruling that SWI continued to sell, and profit from, its Trimix watches even after being confronted at the Baselworld show in 2011 and asked to remove the timepieces from display, signage and promotional materials, receiving a cease-and-desist letter from Audemars Piguet
in May 2012. The filing of the lawsuit took place in July 2012.
In addition to damages, SWI has been permanently enjoined from selling the men’s and women’s Swiss Legend Trimix and must recall any Trimix inventory from other retailers.
This is not the first time Audemars Piguet has gone to court to protect the Royal Oak. The Swiss watchmaker settled a trademark infringement suit with Tommy Hilfiger USA Inc. and Movado Group Inc. in October over Hilfiger’s Eton watch. Movado produces and distributes Tommy Hilfiger-branded watches through a licensing deal.
In addition, according to court papers, fashion brand Michael Kors took an allegedly infringing watch off the market after being confronted by Audemars Piguet.
More on Watches
The Latest
Events & AwardsNov 08, 2024
AGTA Reveals Spectrum, Cutting Edge Award Winners for 2024This year’s AGTA Spectrum & Cutting Edge Awards included a new category for engagement rings and a new award highlighting female designers.
FinancialsNov 08, 2024
Brilliant Earth’s Q3 Sales Fall 13%Plus, CEO Beth Gerstein shares her insight on the holiday season and the possibility of new tariffs.
Brought to you by
Navigating Cybersecurity: Essential Guidance for JewelersFrom protecting customer data to safeguarding inventory records, it's crucial to learn how to tackle cybersecurity challenges.
TrendsNov 07, 2024
Amanda’s Style File: Golden and Blue November HuesThe month’s birthstones, citrine and blue topaz, reflect the changing colors of the season.
Weekly QuizNov 07, 2024
This Week’s QuizTest your jewelry news knowledge by answering these questions.
CollectionsNov 07, 2024
Sidney Garber Collaborates With Carey Lowell on Capsule CollectionThe “Carey Lowell x Sidney Garber” collection stems from the friendship between the jewelry designer and ceramicist.
MajorsNov 07, 2024
Ritani Debuts ‘No-Fuss’ Holiday TV CampaignThe two ads highlight diamond engagement rings and diamond studs with a straightforward approach.
Brought to you by
Enhance Your Expertise with IGI’s In-Person Courses in NYCThis fall, sharpen your skills in jewelry grading, quality control and diamond assessment.
Policies & IssuesNov 07, 2024
Diamonds Do Good To Distribute $250K+ In Grants Next YearIn 2025, the nonprofit plans to continue its support of longstanding partners while also allocating some funds to a new initiative.
AuctionsNov 06, 2024
Two Rolexes With Ties to Titanic Head to AuctionThe Rolex watches are from the collection of “Titanic” co-producer Alfred “Al” Giddings and will go up for sale at Sotheby’s next month.
FinancialsNov 06, 2024
Pandora Posts Double-Digit Revenue Growth in Q3The Danish jewelry company plans to open up to 150 concept stores this fiscal year.
GradingNov 06, 2024
GIA to Close Lab in Ramat Gan, IsraelThe location will close by the end of the year due to it being financially unsustainable, GIA said.
MajorsNov 06, 2024
David Yurman’s Holiday Campaign Celebrates ‘Moments of Joy’The new campaign stars Sterling K. Brown, Hero Fiennes Tiffin, Winnie Harlow, Kyle Kuzma, Arizona Muse, and Iris Law.
CollectionsNov 05, 2024
Jacquie Aiche is Hosting an Online Treasure HuntOne lucky winner will receive a “Lizzie” diamond bracelet.
IndependentsNov 05, 2024
Long's Jewelers Names New Director of BuyingSamantha Larson has joined the Boston-based retailer.
Events & AwardsNov 05, 2024
JA, BIJC Now Accepting EJAP Applications for 2025The Emerging Jewelers Accelerator Program will guide retail jewelry entrepreneurs through an eight-month educational curriculum.
Events & AwardsNov 05, 2024
Tiffany & Co., CDFA Announce Design Award FinalistsTen chosen designers will receive mentorship and participate in a design contest for the Tiffany & Co. x CFDA Jewelry Designer Award.
MajorsNov 04, 2024
Jewelers Mutual Appoints Mastercard Exec to Its BoardDana J. Lorberg brings 35 years of experience in finance, technology, and strategy to the role.
CrimeNov 04, 2024
FBI Offering $15K Reward for Info on Halloween Mask-Wearing RobbersThe suspects are said to have been involved in the armed robberies of four jewelry stores across three Midwest states.
CollectionsNov 04, 2024
John Hardy’s New Jewels Turn the Black Sands of Bali into DiamondsThe new designs blend Creative Director Reed Krakoff’s aesthetic with the brand’s Balinese roots.
IndependentsNov 04, 2024
Eiseman Jewels is Celebrating Watches All Month-LongThe Dallas-based jeweler will showcase timepieces from Cartier, IWC Schaffhausen, Jaeger-LeCoultre, Parmigiani Fleurier, and more.
SourcingNov 01, 2024
Reena Ahluwalia Donates Diamond Painting to Benefit CJAThe artwork, titled “Pristine,” was raffled off at the Canadian Jewellers Association’s recent summit.
IndependentsNov 01, 2024
Gunderson’s Jewelers Opens New Location in NebraskaThe new store features a custom design studio and a bridal salon.
CollectionsNov 01, 2024
Piece of the Week: Sydney Evan Gets ‘Wicked’Designer Rosanne Karmes has created a collection to coincide with the release of the movie musical, which is expected to be a blockbuster.
FinancialsOct 31, 2024
Charles & Colvard Faces Possible Nasdaq DelistingThe retailer said it will file the necessary paperwork to regain compliance as soon as it is able.
ColumnistsOct 31, 2024
Peter Smith: Nervous Flyers and Emotional SellingWhether you’re calming the jittery gentleman in seat 13B or selling a diamond ring to a hesitant customer, an empathetic approach is best.
Events & AwardsOct 31, 2024
WJA Will Celebrate 4 Award Winners at ‘Future of Forty’ GalaThe gala includes a red carpet, music from DJ Renata, an awards program, and “mystery boxes.”
