201908.15
0

Rolex sues New York jewellery store for trade mark infringement

Rolex is a world-famous Swiss luxury watch manufacturer that is renowned for its performance and reliability. On 12 August 2019, Rolex filed a complaint at the US District Court for the Southern District of New York against New York-based jewellery store APR57. Rolex has stated that APR57 is using Rolex registered trade marks on its advertising signs in an effort to attract consumers.

APR57 is a well-established jewellery store in New York City that buys, sells, trades and appraises any items of value.

Rolex claims that APR57 is using the image of a crown on its exterior signs without consent, and that crown which infringes a registered trade mark owned by Rolex.  The exterior sign of APR57 comprises a seven-pronged crown design. Rolex claims that it (the seven-pronged crown) is “substantially indistinguishable” from Rolex’s registered trade mark depicting a five-pronged crown design.

Prior to the filing of a complaint, Rolex says it sent a cease-and-desist letter to APR57 explaining the potential penalties for its confusing and unauthorised use of the Rolex trade marks, however APR57 continued to use the seven-pronged crown design nonetheless.

The filing, that was issued on the 12 August, states that the actions of APR57 have been calculated to confuse consumers whilst being done with the full knowledge and understanding of Rolex’s rights.  Rolex claims injunctive relief, treble damages and compensatory damages as it believes APR57 is using the crown design as a way of enticing customers to generate business and therefore has been unjustly enriched.

If you have any questions on the above, please do not hesitate to contact the team at McDaniel & Co. on 0191 281 4000 or legal@mcdanielslaw.com.