High Quality UK Fake Breitling Watches Prevails With Good-faith Defence In Second Circuit Infringement Dispute Ruling

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.

High Quality Replica Breitling SuperOcean Automatic 44 Watches UK Online

Co-famous, best Breitling replica watches have been favored by pilots and adventurers. From the Navitimer B01 series to the Top Time Triumph series, Breitling is known for creating sturdy and stylish watches, and continues to push boundaries with innovative designs.

The UK top fake Breitling SuperOcean Automatic watches is inspired by the SuperOcean Slow Motion watch of the 1960s and demonstrates Breitling’s commitment to creating watches that excel in function and style. While these cheap Breitling copy watches are designed for divers and water enthusiasts to withstand the harshest underwater environments while ensuring ultimate accuracy, they are equally suitable for everyday use. The luxury replica Breitling SuperOcean Automatic series watches has 13 dial/bezel color variations, 2 rotating bezel types (unidirectional and bidirectional), 4 diameter options (36mm, 42mm, 44mm and 46mm), 3 materials (stainless steel, two-tone steel and 18K rose gold, DLC diamond-like carbon and special bronze).

The bright orange FKM rubber quick-release strap contrasts well with the black Breitling SuperOcean Automatic 44. Together they create a look that is both sporty and sophisticated, suitable for adventures in or out of the water. The carefully designed Metabind rivet steel strap perfectly wraps the Breitling. Its brushed strap sections and polished trim complement the perfect Breitling fake watches‘ finish while also creating a highlight when contrasted with the vibrant turquoise dial. This precision-engineered strap and eye-catching watch come together to create a truly eye-catching pairing.

Within this collection, the Swiss movements super clone Breitling SuperOcean Automatic 44 is watches that stands out, combining the perfect combination of robustness and sophistication. So, in this article, let’s explore its design, features, performance, multiple variations and many more details. This AAA wholesale Breitling replica watches is available in five unique colors, with each model displaying unique charm and characteristics.

Retro Cool –Perfect 1:1 Breitling SuperOcean 44 Ref. A17376 Replica Watches UK

With industry icons like the Rolex Submariner, Blancpain Fifty Fathoms, and Omega Seamaster 300M, the top replica Breitling SuperOcean dive watches is not only the most popular category of watches but also one with some of the fiercest competition. Nearly every current watchmaker has a dive watch in their lineup, so making one stand out in the field is no easy task.

The UK AAA fake Breitling SuperOcean watches line has seen its fair share of changes, bouncing from a purely modern design to something a little more retro in the more recent Heritage collection. Last year, the luxury Breitling SuperOcean replica watches got a revamp based on a 1960s design characterized by a blocky minute hand and large outer minute track.

At 44mm, this high quality Breitling SuperOcean copy watches may sound like a very large watch, but being powered by the Breitling B17 – an ETA 2824-2 base movement – allows for the watch to be only 12.6mm tall. A feat all the more impressive when you get closer and notice the sloping outer track and applied numerals add a great deal of depth to the dial. 

While not powered by an in-house movement, the ETA 2824-2 is a legend in its own right, and Swiss movements Breitling fake watches has a reputation for spending more time regulating these outside calibers than anyone else. The proof is that every cheap Breitling super clone watches they produce is chronometer-certified, further speaking to the robust and well-considered nature of this handsome dive watch.

The Best Quality UK Replica Breitling Superocean Watches And The Aegean Sea

A Greek holiday is the perfect setting for this diving timepiece

Breitling unveiled its new-generation cheap replica Breitling Superocean collection watches last year and we did a Team Test with it at the time with the whole WorldTempus crew, who really appreciated the new design. So, when it came to planning our WorldTempus on Tour Greek Edition, it was again on the top of our list for UK top Breitling fake watches that we wanted to try in the water. So, a quick call with the lovely people at Breitling and the latest Superocean 36 mm stainless steel model, with a bright turquoise dial and matching rubber strap, arrived at the office, ready for a WorldTempus adventure.

The Original Superocean

The collection dates back to the 1960s and 70s when diving was a new sport that was taking the world by storm. The original collection was predominantly a tool watch that was designed to accompany divers during their exploits under the water. 1:1 perfect Breitling replica watches’ designers at the time eliminated any superfluous features that didn’t support the lifesaving needs of divers underwater. It came with chunky numerals for heightened readability, no seconds (as divers didn’t need them), and an unusual minutes’ chronograph that made a tour of the dial every hour and gave the Swiss made copy Breitling watches its nickname “Slow Motion”.

Back to Slow Motion

The new version retraces the pared-down aesthetic of the original Slow Motion but adds modern features, colours, and style so it can become more than just luxury replica Breitling dive watches. It comes with a scratchproof inlaid unidirectional ceramic bezel, a high contrast dial ring, broad hands and indexes coated with SuperLumiNova, and the seconds are back (they do prove quite handy, after all)! The functionality remains with a timepiece that is shock, sand, and saltwater resistant. The AAA Breitling super clone watches is powered by the Breitling automatic Calibre 17 and comes with a 38-hour power reserve, COSC certification, and a two-year warranty.

At the time of its launch, Breitling CEO Georges Kern said: “There’s a certain sameness to the look of most dive watches, but the Slow Motion always stood out from the crowd. We are so pleased to introduce our modern take on this classic, the all-new 2023 China Breitling Superocean replica watches.”

This Swiss movements Breitling Superocean fake watches comes in a 36mm stainless steel case that is water resistant to 300 metres. It has a bright turquoise dial and matching coloured rubber strap, which is perfect to match the hues of the Aegean Sea. Other details include the Slow Motion’s distinctive square minutes hand, which was on the original version, along with the high contrast minutes scale. Breitling enthusiasts will surely also remember the little circular dot window at 6 o’clock that displayed different colours depending on whether the minutes-based chronograph was engaged, paused, or turned off. In this new Breitling Superocean replica watches for sale, a circle near the tip of the seconds hand is a reminder of this much-loved feature.

The wholesale fake Breitling Superocean 36 mm watches was the perfect timepiece for sailing around the Greek islands, and even though we didn’t get a chance to scuba dive this trip, the timepiece was totally in its element, as were all the ladies on the WorldTempus team who got to wear it!