9th Circ. Revives Jeweler's 'Red Gold' Trademark Suit

Law360, Los Angeles (March 19, 2013, 8:51 PM EDT) -- The Ninth Circuit on Tuesday reversed a lower court’s dismissal of a suit by jewelry designer Solid 21 Inc. accusing competitor Breitling USA Inc. of infringing its trademark on the term “red gold," saying the judge had erred in ruling that the mark was generic and not protectable.

The appeals panel reversed and remanded to California federal court a ruling by U.S. District Judge Gary A. Feess dismissing Solid 21’s suit for failing to state a claim, saying the company’s submission of evidence that the mark...
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