In a closely followed case, a split Second Circuit panel has affirmed a previous decision by a Connecticut federal judge backing Breitling USA Inc. The Swiss watchmaker had attracted legal attention for its use of the phrase “red gold” in its descriptions of product color.
This legal encounter unfolded after a California jeweler, who attained a 2003 trademark registration for the phrase, challenged Breitling’s usage of the term. The panel’s affirmation represents a victory for Breitling, endorsing the fair use of the term to describe their product’s nuances.
Legal experts keen to delve further into the finer details, implications and potential precursors of this decision may want to refer to the original reporting on this case by Law360.