Jeweler Takes 'Red Gold' Trademark Row To 9th Circ.

Law360, Los Angeles (March 7, 2013, 6:51 PM ET) -- Jewelry and watch designer Solid 21 Inc. urged the Ninth Circuit Thursday to revive a suit alleging a competitor infringed its trademark on the term “red gold,” arguing that a trial judge acted prematurely in finding the mark is generic and therefore not protectable.

Solid 21's attorney Ryan Kashfian said the question of whether a mark is generic is a factual one and that U.S. District Judge Gary Allen Feess therefore engaged in “premature fact-finding” when he granted Breitling USA Inc.'s motion to dismiss its claims...
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