IPNews® – The Ninth Circuit reversed a lower court’s ruling that jewelry maker Solid 21’s RED GOLD trademark is generic and therefore is not protectable.
Solid 21’s rival Breitling USA, Inc. argued that the lower court was right to dismiss the lawsuit brought against it by Solid 21 because the trademark RED GOLD is generic as it describes the color of the metal alloy that it refers to. The appeals panel, however, said that Solid 21 had shown its trademark was registered and therefore was entitled to the presumption of validity.
To continue reading, click: Ninth Circuit Reverses Ruling that Jeweler’s RED GOLD Trademark is Generic