Red Gold Is Generic, Court Finds

Designer Chris Aire has lost the latest round in his roller-coaster battle over the term red gold, with a district judge ruling the term is generic.

The battle has pitched the Los Angeles designer, who has held a trademark registration for red gold since 2002, against a phalanx of luxury giants, including Hublot and LVMH. In 2010, Aire sued 17 watch brands for trademark infringement, arguing his company, Solid 21, has exclusive rights to the term for a special gold alloy.

But on June 12California district judge Dolly Gee ruled the term is, in fact, in generic, citing evidence and testimony it has been long used in the trade. Her ruling notes that the Jewelers Vigilance Committee lists it as a generic term.

She also granted the defendant’s request that the trademark be canceled.

In a statement, Aire noted that last year the same judge ruled in his favor, finding issues in the case that warrant a trial by jury.

“If the same judge can examine identical evidence on two different occasions and rule drastically differently, the case is not clear-cut and therefore warrants a trial by jury,” he said. “This has been a long, seven- year legal battle for us, but we’ll continue to fight as long as it takes to protect our significant and important trademark.”

JCK News Director