Nigerian-born Hollywood Jeweller, Chris Aire, has dragged a consortium of world leading brands to court for infringing on his trademark.
Aire, through his parent company, Solid 21 Inc., a Nevada incorporated company of which Chris Aire serves as President, on Wednesday 22 September 2010 slapped 17 of the world’s major brands with a lawsuit at the US Federal Court in Los Angeles, California.
George E. Akwo and Ophir J. Bitton, attorneys for the plaintiff Chris Aire, filed the lawsuit.
They were suing on behalf of Aire for trademark infringement, unfair competition, false description, and injunctive and declaratory relief.
The Defendants in this lawsuit which has been desribed as a landmark for any African designer are watches and jewellery giants ROLEX; LVMH on behalf of HUBLOT and LOUIS VUITTON; BREITLING; RICHEMONT INTERNATIONAL SA on behalf of BAUME & MERCIER, INTERNATIONAL WATCH COMPANY, MONTBLANC; ULYSSE NARDIN, INC.; MONTRES CORUM SARL; THE SWATCH GROUP on behalf of BLANCKPAIN, OMEGA SA; FRANCK MULLER; CHOPARD; MAKUR DESIGN, INC.; GRAHAM-LONDON; KOBOLD WATCH COMPANY LLC, PIERE KUNZ USA INC; EBEL; BULGARI on behalf of GERALD GENTA and DOES 1-200.
According to reports, the key facts that created the infringement suit stated that Chris Aire’s SOLID 21 is the owner of the registered and incontestable trademark RED GOLD for, inter alia, fine jewellery and watches made from a special alloying of gold with a distinct colour made into fine jewellery in connection with the manufacture, marketing and advertising of watches, necklaces, bracelets, rings, anklets, cuff links, ornamental hair pins, belt buckles of precious metal, tie clips and pegs and earrings known as “RED GOLD.”
It is said that the trademark is capsulated in the following trademark information and in the trademark certificate set forth: “Solid 21 Incorporated and its President and renowned jeweler, Chris Aire currently holds the U.S. Trademark Registration No. 2,793,987; Mark: RED GOLD; Registered: December 16, 2003; and has the official trademark certificate.”
Chris Aire claimed to be the first person to use the mark RED GOLD and registered it. Without his consent, 17 other brands are now using the same or similar RED GOLD mark “which is causing or is likely to cause customer confusion with the Chris Aire RED GOLD mark.”
Thus Aire wants the court to stop further infringement of his trademark known as injunctive relief. He also wants equitable relief (what the court deems fair), compensation and monetary damages, costs and disbursements.
Meanwhile, Aire has been receiving commendation and support from his compatriots who saw his lawsuit as a bold step ever by some Africans who always shy away from confronting the big brands over their rights.
Uduak Oduok, US-based Nigeria’s fashion and entertainment lawyer hails Aire case.
“Majority of suits filed do not necessarily go to trial but are negotiated and resolved through settlements. Trademark infringement suits are no exception. Chris Aire filing a suit puts others on notice not to infringe on the brand’s RED GOLD trademark. Further, with the presumption that the Hollywood brand has the money to fight the big dogs, then there is a higher likelihood given the seeming favourable case to Aire that the case will resolve i.e. settle,” she explained.
A graduate of Gemological Institute of America (GIA), Aire has been designing innovative, urban-style diamond jewellery for more than 21 years. With a client list that includes Cedric the Entertainer, Adrien Brody, Jamie Foxx, Angelina Jolie, Eva Longoria, Halle Berry, Clint Eastwood and Will Smith, and others, this world-renowned Los Angeles-based designer and founder of Chris Aire Fine Jewellery & Timepieces was the first jewellery designer to showcase diamonds as fashion at New York Fashion Week.
His cutting edge designs are known for their creativity and craftsmanship, earning the Nigerian-born jewellery designer such monikers as “The King of Bling”, “Emperor of Ice” and “The Ice Man”.
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