CrimeMay 02, 2024
4 Indicted in Burglary Ring Targeting Indian, South Asian FamiliesThe men are allegedly responsible for stealing millions in jewelry and other valuables in 43 burglaries in 25 towns across Massachusetts.
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
CollectionsMay 02, 2024
Foundrae Launches ‘Horizon’ Collection“Horizon” invites individuals to explore the limitless possibilities that lie ahead, said the brand.
FinancialsMay 02, 2024
Pandora Raises Guidance After Strong Q1The jeweler credits its recent “Be Love” campaign and ongoing brand revamp for its 17 percent jump in sales.
Brought to you by
Rio’s Reimagined Podcast: For the Love of JewelersMeet Ben Claus—grand prize winner of For the Love of Jewelers 2023 Fall Design Challenge.
IndependentsMay 02, 2024
Oklahoma Jeweler Glenn Lewis Dies at 68The co-founder of Lewis Jewelers was also the longtime mayor of the city of Moore.
Weekly QuizMay 02, 2024
This Week’s QuizTest your jewelry news knowledge by answering these seven questions.
AuctionsMay 02, 2024
Vintage Baume & Mercier With Ties to Elvis Sells for $7K Elvis Presley gifted this circa 1967 gold and diamond watch to Dodie Marshall, his co-star in “Easy Come, Easy Go.”
Brought to you by
The Blueprint for Success in Scalable, Personalized Jewelry RetailWith Ho Brothers, you can unlock your brand's true potential and offer customers the personalized jewelry experiences they desire.
SurveysMay 01, 2024
Consumer Confidence Falls in AprilConcerns about rising prices, politics, and global conflicts continue to dampen consumer outlook.
TrendsMay 01, 2024
Amanda’s Style File: All Eyes on EmeraldsMay’s birthstone is beloved for its rich green hue and its versatility.
SourcingMay 01, 2024
Opsydia Names New Sales and Marketing Director Jacqui Larsson joins Opsydia with nearly two decades of experience in the industry.
CrimeMay 01, 2024
Grand Jury to Hear Case Against Jeweler Charged in Fatal Shove Following IJO ShowLast month in Dallas, David Walton pushed another jeweler, David Ettinger, who later died.
CollectionsApr 30, 2024
12 Otherworldly Pieces From Tiffany & Co.’s 2024 Blue BookThe “Tiffany Céleste” collection reimagines designer Jean Schlumberger’s interpretations of the universe.
MajorsApr 30, 2024
Zales Celebrates 100 Years With New CampaignThe brand also created a 100-carat lab-grown diamond necklace in honor of its centennial.
MajorsApr 30, 2024
Platinum Guild International Appoints New CEOTim Schlick has been promoted from his previous position as COO.
Events & AwardsApr 30, 2024
Canadian Jewellers Association Brings Back the Summit It’s the second year for the event, slated to take place in October in Toronto.
Recorded WebinarsApr 29, 2024
Watch: Diamond Identification and Evaluation - How to Protect your BusinessSupplier Spotlight Sponsored by GIA
SourcingApr 29, 2024
De Beers to Move Auction HQ from Singapore to BotswanaSales will be paused while the relocation takes place over the next few months.
CollectionsApr 29, 2024
Simone I. Smith Mixes Denim and Diamonds in New Collection“SIS x MISA Denim and Diamonds” is a collaboration between the designer and celebrity stylist Misa Hylton.
IndependentsApr 29, 2024
Venus Jewelers Relocating After 45 YearsThe retailer is moving to a newly designed space in the same shopping center.
SurveysApr 29, 2024
Mother’s Day Jewelry Spending to Reach $7B, Says NRFGifts that are unique and thoughtful are top of mind this year, according to the annual survey.
CollectionsApr 26, 2024
Piece of the Week: Jacquie Aiche’s Starry Galaxy NecklaceThe necklace is featured in the brand’s “Rebel Heart” campaign starring Adam Levine and Behati Prinsloo.
Events & AwardsApr 26, 2024
AGS Conclave and GIA Symposium Are ConvergingThe two organizations will host a joint event, “Converge,” in September 2025.
SourcingApr 26, 2024
Anglo American Reportedly Shopping De Beers as BHP Eyes Anglo Big changes appear to be on the horizon for the diamond miner and its parent company, Anglo American.
Events & AwardsApr 25, 2024
Alexis Padis Takes Over as AGS Board President Padis succeeds Lisa Bridge, marking the first time the organization has had two women board presidents in a row.
EditorsApr 25, 2024
5 Tips for Creating Fans from the Top (Savannah) Banana Jesse Cole, founder of Fans First Entertainment, shared the “five Es” of building a fan base during his AGS Conclave keynote.
SourcingApr 25, 2024
De Beers Lowers Production Guidance for 2024The announcement came as the company reported a 23 percent drop in production in Q1.
