The US Court of Appeals for the Second Circuit has affirmed a district court’s grant of summary judgment to Breitling, holding that its use of a registered and incontestable trademarked term was fair use because it was descriptive and used in good faith (Solid 21 Inc v Breitling USA Inc, case 22/366, 14 March 2024, Wesley, Sullivan, JJ, Park, J, dissenting).
The case analyses the fair-use defence’s good-faith prong, which, as the Second Circuit majority noted, “is not litigated frequently”. This provoked Judge Park’s dissent, arguing that the majority’s analysis attempts to resolve factual disputes about top Breitling replica watches‘ intentions, which should instead go to a jury.
Case background
‘Red gold’ and ‘rose gold’ are terms used to describe a gold-copper alloy that causes gold to have a pinkish hue. Solid 21 is a luxury watch and jewellery business that sells a collection of these products under the mark RED GOLD, which was registered in 2003 and now has incontestable status. Breitling is a Swiss company that makes and sells luxury 1:1 Breitling fake watches, some of which it advertises as available in red gold, among other colours.
Solid 21 filed a trademark infringement suit against Breitling, alleging that its use of the term ‘red gold’ was “likely to cause confusion, reverse confusion, mistake, and/or deception as to the source” of UK best replica Breitling watches. Breitling copy watches moved for summary judgment on the grounds that ‘red gold’ is generic, and that the trademark registration was invalid or that its use of the term fell under the Lanham Act’s fair-use defence, which allows use of a protected mark to describe one’s goods so long as it is in good faith and not used as a mark.
The dispute
Initially, the district court denied cheap Breitling replica watches‘ motion for summary judgment, finding that it could have used other terms like ‘rose gold’ to describe its products and thus it did not satisfy the descriptive use requirement. However, on reconsideration, the district court decided that the mere existence of alternative terms for the alloy did not preclude summary judgment, and that Swiss made Breitling super clone watches’ materials clearly showed that it was using “red gold” descriptively to indicate hue. The district court also found that Breitling satisfied the good-faith element, even if it was aware of Solid 21’s RED GOLD mark. Solid 21 appealed.
Court decisions
The Second Circuit affirmed, finding that perfect replica Breitling watches‘ advertising materials clearly showed that it used “red gold” as a descriptor for colour and not as a mark. The court rejected the argument that this conclusion was undermined by the availability of the term ‘rose gold’ as an alternative descriptor, and pointed out that Solid 21 bears the risk of some consumer confusion in choosing to trademark a descriptive term that describes a colour of metal.
Finally, the court found that Breitling’s use of “red gold” was in good faith, despite Solid 21’s argument that it was in bad faith because Breitling had constructive or actual knowledge of Solid 21’s trademark. Breitling did not conduct a trademark search before using the term ‘red gold’, it began using it two decades after Solid 21 did, and it had the alternative “rose gold” descriptor available. The court pointed out that none of these facts are dispositive on the issue of bad faith because they do not show that Breitling intended to confuse customers as to source or sponsorship. Rather, the court explained that red gold is just a way to describe the colour of the 2024 China fake Breitling watches.
The Second Circuit observed that descriptiveness and good faith “often travel together”, but rejected the dissent’s complaint that it had effectively collapsed the latter into the former. The court held out the possibility that a defendant can use a term descriptively and yet do so in bad faith. However, this was not the case here.
In his dissent, Judge Park argued that the majority improperly resolved “factual disputes about online Breitling replica watches‘ mental state at summary judgment”. He stated:
…the record shows that Breitling (1) relatively recently began using the ‘red gold’ mark, (2) without conducting a trademark search, (3) possibly knowing of Solid 21’s use, (4) despite previously using a substitute ‘rose gold.’ In response, Breitling offers no explanation for the change whatsoever.
Key takeaways
When an incontestable mark is used as a descriptive term, a defendant may be able to prevail on a fair-use defence. Trademark owners using weak or descriptive marks bear the risk of some confusion when their term is used descriptively and in good faith.
Breitling replica watches for sale has had a long history in aviation, having played an important role in the emergence of commercial flight. Its timekeepers became standard equipment for propellor planes, and inevitably, jets. So in 1962, the watchmaker was a natural choice when Mercury Seven astronaut Scott Carpenter wanted to modify a style for space exploration.
Carpenter asked for the UK 1:1 Breitling Navitimer fake watches as his intergalactic accompaniment – a hit with airline pilots when it was first released in 1952 – but with a 24-hour dial to distinguish day from night while he was in orbit. Top Breitling copy watches agreed, making a customised style that was later dubbed the Cosmonaute. On 24 May, Carpenter and his horological partner took off, and its debut journey made it the first Swiss wristwatch in space.
As part of Breitling’s 140th anniversary – which has also seen the release of the Aerospace B70 – the watchmaker is launching a limited edition of the 24-hour luxury replica Breitling watches.
With only 250 pieces available, this best Breitling fake watches comes in an 18k red-gold case, offset by its green dial and golden numerals. It’s transparent caseback unveils the Breitling B12 chronograph movement capped by an oscillating weight, while the engraving reminds its wearer of what makes this Swiss movements super clone Breitling watches special: “First Swiss Wristwatch in Space/Navitimer Cosmonaute May 24,1962.”
Sure, it’s likely you won’t need it for space travel anytime soon – unless Richard Branson has anything to do with it – but this earth-bound iteration is fully equipped for any astral adventures.
Today marks an important milestone for Breitling as it launches the next generation of Aerospace. With the outgoing Aerospace Evo stock levels in flux for the past few years, it has been uncertain whether the analog-digital Grade 2 titanium Breitling replica watches for sale would stay. Breitling’s new 43mm Aerospace B70 Orbiter settles the debate and celebrates 25 years since the first nonstop global balloon flight in 1999. The smoky orange dial of this special edition matches the balloon’s gondola, with the Orbiter insignia flanking the right of the central pinion. Can the new Aerospace soar above the clouds, or will it deflate and come crashing to the ground? Let’s find out.
The Breitling Aerospace is a firm favorite at Fratello. Since 1985, the ana-digi UK AAA Breitling fake watches has graced the wrists of pilots and enthusiasts of all generations. For a while, though, it seemed like the popular Swiss watch was on its way out. Breitling’s focus on heritage designs and mechanical ingenuity put the Aerospace on thin ice as an outlier to the brand’s direction. A few years ago, you would have struggled to find the 2013-introduced Aerospace Evo in any Breitling boutique or authorized dealer. While stocks replenished, it was hard to shake the feeling that the 11-year-old model had begun to lose touch with modern smartwatches. The new Aerospace B70 radically refreshes the collection to align it with Breitling’s Professional family.
Breitling Aerospace B70 Orbiter
While this edition is specifically a tribute to the 1999 global balloon flight — more on that soon — the inaugural B70 model shapes the perfect replica Breitling Aerospace watches‘ future. So, what is significant about the B70? First, it’s worth explaining how the Breitling Aerospace has operated since its creation. The quartz timepiece, and later thermo-compensated SuperQuartz in 2001, features dual LCD screens on the dial with analog hour and minute hands. The Super-LumiNova-equipped hands can be synchronized or set independently from the digital display, providing a tremendous dual-time function.
From 2007, the luxury Breitling Aerospace copy watches used the Breitling caliber 79, which started life as an ETA 988.352. This COSC-certified chronometer maintains an accuracy of ±10 seconds per year and a three-to-four-year battery life. More than that, there is a programmable countdown timer, chronograph, alarm, four-year calendar, minute repeater, UTC, and backlight. All these functions are controllable via the single crown. The Evo, which has been in production since 2013, is the last generation to use the Breitling 79 movement. Considering the B79’s valiant 17-year run, 2024 seems like a reasonable year to refresh the movement.
The new B70 is a manufacture caliber co-developed with MMT. Powering the new Aerospace, the B70 is a thermo-compensated SuperQuartz COSC-certified chronometer with analog and digital displays — very much in keeping with the Aerospace DNA. The key new features are the 1/100th-of-a-second chronograph (with split-time and flyback functions), an electronic tachymeter, and a lap timer. The eagle-eyed among you will have noticed the three integrated pushers for controlling the high quality Breitling replica watches‘ functions. That’s right; the new Aerospace no longer relies solely on its rotating crown with integrated push-piece to activate its functions. While it’s a shame to lose the intuitive single-crown control, the B70’s recessed pushers sit almost flush within the sculpted lugs.
Breitling Orbiter 3 nonstop global balloon flight
I have told this story before, but it’s worth reiterating the Breitling Orbiter 3’s incredible feat. In March 1999, Bertrand Piccard and Brian Jones circumnavigated the globe in the first successful round-the-world flight in the Breitling Orbiter 3 balloon. It is still the most prolonged time an aircraft has remained airborne without stopping. However, Piccard and Jones didn’t make the trip in 80 days, as novelized by Jules Verne, but in 19 days, 21 hours, and 47 minutes. Swiss made Breitling super clone watches was growing impatient with the failure of Orbiter 1 and 2 and proclaimed that the Orbiter 3 would be the last attempt to be sponsored by the Swiss watch brand. Thankfully, the third time, as it often is, was the charm.
The Breitling team was not alone in this global record attempt. Cable & Wireless sponsored a team with a head start and surpassed the distance previously set by the Breitling Orbiter 2. However, both sides had to contend with adverse weather and maneuver around restricted airspace over China and Yemen. The Cable & Wireless team was still ahead and progressing well but elected to rely solely on solar power without any backup batteries.
A fateful decision
The extra power storage would’ve increased weight and energy consumption. Nearing the Pacific Ocean, the balloon was positioned with the Sun on the wrong side of the solar panel. Quickly losing power, the Cable & Wireless team ascended to catch the light and compensate. It was a fateful decision because ice gathered on the balloon during the ascent and added too much mass. Along with the dwindling power, the aircraft descended and eventually ditched into the ocean. With just enough time for the mayday call, the pilots were soon rescued.
With the main competition out of the race, you would’ve thought Piccard and Jones would relax in their efforts. Hardly. Knowing the same fate could await them, the level of fear was rising. What they had in their favor were the 2024 replica Breitling Emergency watches with orange dials strapped to their wrists. The beacon at the lower half of the case could be unscrewed and pulled for a distress signal to pulse to the nearest air and rescue forces if necessary.
Speeds of up to 100mph
They stayed airborne and continued the journey to Egypt, their finish line. The jet stream was favorable and helped them reach 100mph while also assisting with fuel efficiency. After nearly 20 days and 45,633km, Bertrand Piccard and Brian Jones touched down in the Sahara Desert. As they waited seven hours to be picked up, they noticed their last propane tank, not jettisoned, had only four inches of fuel left. Perfect timing or blind luck? You decide. But I think the truth is that you don’t break records of this magnitude without the rub of the green.
The balloon’s gondola is now on display at the Steven F. Udvar-Hazy Center National Air and Space Museum in Chantilly, Virginia. There is also a fantastic documentary on YouTube, via Bertrand Piccard’s account, that is worth watching. It covers this flight with onboard, hand-held cameras and footage shot by the pilots.
Back to the Aerospace B70
Breitling was not content with just updating the wholesale fake Breitling Aerospace watches‘ movement. The brand has also sculpted and refined the case. I mention the recesses on the case sides already as they’re a dramatic diversion from all previous references. The bidirectional bezel has also been reworked and no longer has numerals in five-minute increments in a digitized typeface. Instead, it now only includes dashes on the main surface with numerals on the rider tabs at 15, 30, and 45 minutes. These numerals are elongated and more mature, befitting of the Aerospace’s grown-up refresh. Speaking of numerals, the ones on the dial align better with the style of the Endurance Pro. This alteration may be hard to spot at first. But looking at the 8, you may spot the B70’s wider bottom half versus the straight 8 on the Evo.
The 3, 6, and 9 numerals are also reminiscent of the Endurance Pro. Thankfully, the online replica Breitling Aerospace B70 watches showcases these indices in their entirety, unlike the Endurance Pro, on which the sub-dials bite into them. Breitling is molding the Aerospace B70 to align with the Professional collection, where the Endurance Pro also resides. Therefore, the venerable “wings & anchor” logo stays on the dial, albeit replacing the 12 above the LCD screens rather than in between. This fan-favorite emblem, introduced in 1984, is now only found within the Professional family, whether rightly or wrongly. As for the case back, the Aerospace B70 contains a segment of the Orbiter 3 balloon visible through the exhibition window. Within the window is the mission logo with the inscription “First non-stop flight around the world 25th anniversary” running the circumference.
Initial impressions and pricing
As a longtime Aerospace fan, this announcement excited me, as my colleagues can attest. I will try to temper my enthusiasm; for now, this model is a tribute to the Orbiter 3 flight. However, knowing the brand, this execution will likely form the basis for future Aerospace models. The orange-to-black gradient dial of the Orbiter edition is quite striking. It’s not quite the color for me, but it makes sense to reference the gondola’s paint scheme and the orange-dial Breitling Emergency worn by the pilots. I must go hands-on with the B70 to adapt to its new layout and functionality. But aesthetically, I do appreciate the more prominent digital display. However, the movement’s increased functionality does drop the battery life to approximately two years from the B79’s four years.
Despite the more complex case, the Breitling Aerospace fake watches for men still achieves a 100m depth rating. Yet, the “living piece of history” does increase the case thickness from 10.8mm to 12.95mm. Perhaps future Aerospace B70s will forego the unique window and instead opt for a regular titanium case back, reducing the thickness. The bidirectional bezel is also a departure from the Evo but in line with the Endurance Pro. I don’t mind the influences from the Endurance Pro as they provide continuity within the range.
The Swiss cheap Breitling Aerospace B70 replica watches is available on a Professional Titanium III bracelet with a push-button clasp or black rubber strap lifted from the SuperOcean collection. The Breitling Aerospace B70 Orbiter is available for £3,800 on the rubber strap and £3,950 on the titanium bracelet.
Breitling has revealed an understated yet striking new cheap Breitling Chronomat replica watches, available in a limited run of 250 pieces exclusively for the UK market. This monochromatic marvel fulfills the desires of many enthusiasts that longed to see top UK replica Breitling’s iconic watches in a more subdued palette. While other color options and accents may exude more style, there’s a comforting appeal to the timeless combination of a black dial and steel case. Muted tones highlight the purity of the design, allowing it to shine without distractions. Let’s take a closer look.
The 42 mm diameter case with a thickness of 15.1mm is made of stainless-steel with an overall brushed finish on the surfaces and casebands, while contrasting with the polished bevels. Mounted to the case is a unidirectional ratcheted rotating steel bezel with the quarter numerals 15, 30, and 45 engraved and filled with black font, contributing to a sleek aesthetic. As Breitling emphasizes, “This versatile sports Breitling fake watches for sale seamlessly transitions across Breitling’s domains of air, land, and sea.”
On the flipside is a sapphire exhibition caseback that allows a view into the inner workings of the mechanical movement. It showcases several jewels, gears, and an oscillating weight with a gilt Breitling logo. Also engraved along the periphery is “UK LIMITED EDITION” and “ONE OF 250”.
It comes equipped with two pushers to activate the chronograph functions, while tucked between them are subtle crown guards, and the “onion” crown, which is a classic Chronomat feature, named for its fluted-dome shape that allows for easy adjustments. All topped by a cambered sapphire crystal is glareproofed on both sides. Water-resistance can reach up to 200 meters (660 feet).
Time is exhibited on a black dial for the Swiss made Breitling replica watches with rectangular rhodium applied hour indices, followed by a ring of white printed minutes/seconds markers. Along a sloped flange is a black chapter ring that contains a tachymeter scale printed in white.
It features three snailed anthracite sub-dials with gray colored hands: a 30-minute counter at 3 o’clock, a 12-hour counter that includes a date aperture at 6 o’clock, and a sub-seconds at the 9 o’clock position.
In a bold move, the new high quality replica Breitling UK limited edition watches omits the usual striking red accents found in the standard range. Instead, AAA Breitling copy watches has opted for a matte white finish on the chronograph seconds hand and white numerals for the decimal scale on the rehaut. The anthracite sub-dials provide subtle contrast against the lacquered black dial, blending harmoniously while maintaining excellent readability.
The chrono hand features a counterweight shaped as the Breitling “B” logo. The sword shaped central hour/minute hands and baton-style hour indices have all been fitted with a luminescent filling for an enhanced legibility.
The perfect fake Breitling Chronomat B01 42 Limited Edition UK-Exclusive watches (Ref#: AB01341B1B1A1) is powered by the in-house self-winding mechanical movement, caliber B01 with 47 jewels and 28,800 Vph. It comes equipped with a column wheel chronograph with a vertical clutch. Power reserve can last up to 70 hours, when fully wound.
Mounted on the luxury Breitling super clone watches is a stainless-steel rouleaux bracelet with beveled and polished links, secured to the wrist by a butterfly clasp. This release was made exclusively for the UK market and is a limited edition of only 250 manufactured pieces.
