9th Circ. Nixes Ruling That 'Red Gold' TM Is Generic

By Bill Donahue (March 24, 2017, 8:42 PM EDT) -- The Ninth Circuit on Friday revived a California jeweler's trademark lawsuit against Louis Vuitton Moet Hennessy Inc. over the term "red gold," tossing out a trial judge's decision that the phrase is generic.

A three-judge panel said a trial judge made major procedural errors when she ruled in 2015 that LVMH's Hublot subsidiary had presented "overwhelming evidence" that the term was generic and free for all to use.

Friday's ruling vacates that decision and gives Los Angeles jeweler Chris Aire and his Solid 21 Inc., who claim exclusive rights to "red gold," another crack at proving that Hublot infringed his trademark....

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