• Tired of adverts on RWI? - Subscribe by clicking HERE and PMing Trailboss for instructions and they will magically go away!

AP awarded $9.8 million in damages for trademark infringment

zero_deficit

I'm Pretty Popular
2/11/12
1,681
5
38
[h=1]Audemars Piguet awarded $9.8m in damages[/h] 15 January 2014


The United States District court for the Southern district of New York awarded the amount for infringement of the Swiss watch brand’s vaild trademark of its Royal Oak design


The extensive trial saw Audemars Piguet seek seek recompense from, among others, Swiss Watch International, which operates the worldofwatches.com website. The United States District Court for the Southern District of New York found that Audemars Piguet has valid trademark rights in its Royal Oak watch design, that such rights were infringed by the
defendants’ sales of Swiss Legend Trimix Diver watches with a very similar design and that defendants have engaged in act of unfair competition.

The Court awarded the full amount of the defendants’ profits, and trebled them for bad-faith conduct and allowed Audemars Piguet to apply for an award of its attorney’s fees and costs of suit. It also entered an injunction forbidding the defendants from further dealings in the infringing watch products.

François-Henry Bennahmias, chief executive officer, announced: “The Royal Oak was the first of its kind. 40 years later, it remains unmatched amongst prestige sport watches. We are fully committed to enforcing our rights in the Royal Oak design and insist our trademarks be fully respected. We owe it to Audemars Piguet, and the founders’ familiesâ€.
The original Royal Oak was launched in 1972. It was designed by Gerald Genta and was the first luxury watch to be made from stainless steel.

http://luxurysociety.com/news/39505

Chronopassion?
sl-10541-gm-01.jpg


Rubberclad?
NDYxNTA3MzczNA%3D%3D_o_cheap-swiss-legend-mens-10541-01-bb-trimix-diver-.jpg
 

slaughterer62

Mythical Poster
DO NOT TRADE WITH ME
27/1/13
9,280
1,890
113
Swiss design theft is spread over so many minor copy-cat brands: OTUM, SWI, etc. I am sure SWI will not be the only one to pay penalties.
But, to be fair, those SWI watches look like 33% AP, 33% Linder Werdelin, and 33% Hublot.
 

Et3r17al

Active Member
23/4/12
202
1
0
If AP could win this law suit, then many other companies can.
That looks like a mash up of the Royal Oak bezel + U Boat crown guard + Breitling Second hand counter + Hublot Lugs!!
 

andman

I'm Pretty Popular
Supporter
Certified
13/11/13
1,035
10
38
So the moral of the story is..... Don't mess with AP unless your Chinese....
and don't copy our designs unless you are going to do it accurately !!;)
 

trailboss99

Head Honcho - Cat Herder
Staff member
Administrator
Certified
30/3/08
42,622
13,525
113
How could anyone reasonably mistake that for an AP (which is the test)?
They won't get their money, SW don't have 9 million to give them. SW will declare bankruptcy, pay their secured creditors and give AP the remaining 28 cents.

Seriously, that is so unlike an AP I have NFI how AP won the case, utter bullshit IMO.
 

trksh-bzr

Mythical Poster
Advisor
25/9/09
9,058
16
38
poor AP. you know these big swiss watch makers are hardly making any money as it is. just imagine how difficult it has been for them to go from working with a lathe to having cnc machines and 3d printers. and then on top ogf that raising prices over 5% a year. I fully understand the pain and suffering they are going through, causing them to drag other little m akers to court for making a mix of a AP/Linde Werrdelin/u boat watch thingey.... geesh...
 

frigpig

Ghost of Sales Mod Past
Advisor
16/8/09
7,846
66
48
The only thing that resembles an AP is the bezel shape. Not even the screws.
 

andman

I'm Pretty Popular
Supporter
Certified
13/11/13
1,035
10
38
Guess AP weren't overly confident of picking a fight with a company with Hilfigers resources.....
i'd say there was a greater likeness there..

reality is Hillfiger probably licensed their name to a manufacturer and AP couldn't sue HF successfully
 

c888

Active Member
10/3/12
428
1
16
did SWI even sell 9mil of that watch?
Sux for them, as like others said there are other brands with similar watches to the big manufactures. Doesn't michael kors make watches similar to hublots and same with guess watches?
Maybe its a start for the big brands to pad their earnings with lawsuits.. similar to the tech industry.
 

Z3BR4

Renowned Member
16/5/12
941
4
0
This makes me lose serious respect for AP.. This is more petty than the lawsuits Apple files against Samsung. Lets not even get into the fact that probably every Swiss Legend Trimix sale was to someone who couldn't even dream of owning an AP anyhow.
 

rhp1462

Mythical Poster
20/2/13
6,617
8
38
I have one of those Swiss Legened trimix divers which is black on black. I was seriously considering Ap but changed my mind last minute and ran to closest place that sold Swiss Legend and bought it.

What a joke.
 

daz1201

I'm Pretty Popular
29/9/11
1,022
2
38
I have 3 trimixes and love them

If you look at their updated Trimixes on the website none of the bezels even contain any screws at all
 

shelby1501

Mythical Poster
Supporter
Certified
18/10/11
7,419
320
83
How could anyone reasonably mistake that for an AP (which is the test)?
They won't get their money, SW don't have 9 million to give them. SW will declare bankruptcy, pay their secured creditors and give AP the remaining 28 cents.

Seriously, that is so unlike an AP I have NFI how AP won the case, utter bullshit IMO.

I completely agree. I don't see anything here that looks so much like AP except bezel. It has different bezel screws, different position of chronos and shape of the case and with this crown it's more U-Boat than AP.
 

andman

I'm Pretty Popular
Supporter
Certified
13/11/13
1,035
10
38
In a roundabout way it sort of promotes the AP shape and style.......
Many people don't like the design of the ROO...
These "tribute" designs" could enforce it being seen more widely as being modern and progressive
Although only available to a few.. AP still need a few to fork out the unreasonable sums they cost...
So the more people that like the design... the more people that aspire to have one... translates into more sales...
Possibly........ but certainly not as damaging as effect as the Legal sword of Damocles they are waiving about
 

mzcool

I'm Pretty Popular
2/6/13
1,090
0
0
I'm all for companies asserting their rights for their products but this is too much. I think it would be understandable if a watch manufacturer in the same circles as AP did this and got sued, but come on, these people aren't competitors.
 

trailboss99

Head Honcho - Cat Herder
Staff member
Administrator
Certified
30/3/08
42,622
13,525
113
Guess AP weren't overly confident of picking a fight with a company with Hilfigers resources.....
i'd say there was a greater likeness there..

reality is Hillfiger probably licensed their name to a manufacturer and AP couldn't sue HF successfully

But they are! You didn't read the linked article did you?

Audemars Piguet has sued Tommy Hilfiger and their licensing company, Movado, for allegedly copying their signature watch design, the Royal Oak.