Swatch Sues Sturhling unoriginal

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Swatch Sues Sturhling unoriginal

Post by koimaster » June 19th 2012, 9:21am

Swatch files lawsuit over ‘Men in Black’ watch

By Michelle Graff Jun 19, 2012
http://www.nationaljeweler.com/nj/majors/a/~28974-Swatch-files-lawsuit-over-Men

Brooklyn, N.Y.--The Swatch Group (U.S.) Inc. has filed a trademark infringement lawsuit against a watch manufacturer and ShopNBC, claiming that they are selling a watch that is a knockoff of the Hamilton “Ventura,” a timepiece that has a long history of Hollywood appearances.

According to the lawsuit, filed June 11 in U.S. District Court for the Eastern District of New York, Stührling Original LLC created a watch called the “Stührling Ricochet,” that is allegedly an intentional copy of the Ventura trade dress.

The company, a Brooklyn-based watch manufacturer, has marketed, promoted, advertised and sold these “unlawful and unauthorized reproductions” through online retailers such as Amazon.com and ShopNBC.com and on the ShopNBC television network, court papers state. The Stührling Ricochet appeared to have been removed from ShopNBC.com as of Monday, as search for the term did not yield any results.

Swatch Group filed suit against Stührling, ShopNBC and its parent company ValueVision Media Inc. for trademark infringement, unfair competition and false advertising under the federal Lanham Act and under the laws of New York state.

It was not immediately clear why Amazon.com was not included in the suit.

Stührling said the lawsuit has no basis and it intends to defend itself vigorously. “There are a lot of triangular watches out in the marketplace,” said Stührling Chief Operating Officer Barry Kaplan, noting that there are several brands that have made triangular watches “without any legal action from the Swatch Group.”

“We really don’t feel that the lawsuit has any validity,” he said.

ShopNBC did not respond to request for comment on Monday.

Hamilton, an American watch brand that dates back to 1892, introduced the Ventura in 1957 as the world’s first electric, battery-powered watch. The watch has a “distinctive shape and design elements,” including a shield-shaped case and bezel with points at 1 o’clock, 5 o’clock and 9 o’clock, scalloping along two edges of the case and a crown at 3 o’clock, court papers state.

Since its introduction in the late 1950s, the Ventura has found its way onto the wrists of various celebrities, including The Twilight Zone host Rod Serling, Elvis Presley in the 1961 movie Blue Hawaii and, more recently, on an episode of the AMC television series Mad Men.

Actor Will Smith donned a Hamilton Ventura reissue in all three Men in Black movies, the last of which came out this year and “broke box office records,” grossing more than $135 million in the United States, according to court papers.

This most recent release, Men in Black III, is what spurred the lawsuit, with Swatch Group claiming in court papers that Lawrence Magen, president of Stührling’s North American operations, appeared on ShopNBC during a segment on the Stührling Ricochet and the segment’s host said, “If memory serves, there is another motion picture release now where this is once again being touted.”

Swatch Group is asking the court for a permanent injunction banning the creation and sale of these watches and monetary damages in the case.

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Re: Swatch Sues Sturhling unoriginal

Post by Mark1 » June 19th 2012, 9:43am

Swatch made the right choices by listening to the right voices. Hopefully, other watch manufacturers will read of this case and take a look at the SO collection-if you will. There is a very good chance they will find that SO has pilfered some of their designs also. Might we also expect a boost in new members?
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Re: Swatch Sues Sturhling unoriginal

Post by hcharles » June 19th 2012, 9:43am

Serves the smug sob right. Larry Magen gots some 'splaining to do.
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Re: Swatch Sues Sturhling unoriginal

Post by Watch Noob » June 19th 2012, 10:42am

I'm pleased to see that Swatch did not ignore the emails from various forum members here and chose to file suit against SO. I will be watching for the cecision on this one as well as some other folks that specialize with their Swish watches made in China. If Swatch wins, Lalo better start a liquidation sale. just sayin...
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Re: Swatch Sues Sturhling unoriginal

Post by TemerityB » June 19th 2012, 10:44am

I had a tiny hand in this, and I'm proud of it. Our discussion started with this thread:

http://watchlords.forumotion.net/t15868-gee-i-wonder-where-stuhrling-got-this-design?highlight=Stuhrling

And then we went into this one, where I decided to contact Hamilton:


http://watchlords.forumotion.net/t16727-tim-temple-shameless-shill


Not only did I sent Hamilton links to photos of the watches, but of the video where Temple made the claims as well. I actually heard back from them, and was pleased they expressed the same indignation that I did. You can read that stuff in the second thread.

I thought that not much would become of this, but wow. I couldn't be more pleased.

I will take a tip of the cap on this one. I can't say I'm the person who tipped Swatch off - but it didn't hurt, I'm sure. Teaches us one thing: If you see design theft, report it. Real companies aren't going to put up with that sort of BS. I'm a proud puppy right now.
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Re: Swatch Sues Sturhling unoriginal

Post by ChronoMATT » June 19th 2012, 10:51am

Excellent job, Temerity. I remember your original post. If you weren't the catalyst for this lawsuit, you certainly added fuel to the fire by helping Hamilton make the case the general public can confuse the two. This WL activism at its best.

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TemerityB wrote:I had a tiny hand in this, and I'm proud of it. Our discussion started with this thread:

http://watchlords.forumotion.net/t15868-gee-i-wonder-where-stuhrling-got-this-design?highlight=Stuhrling

And then we went into this one, where I decided to contact Hamilton:


http://watchlords.forumotion.net/t16727-tim-temple-shameless-shill


Not only did I sent Hamilton links to photos of the watches, but of the video where Temple made the claims as well. I actually heard back from them, and was pleased they expressed the same indignation that I did. You can read that stuff in the second thread.

I thought that not much would become of this, but wow. I couldn't be more pleased.

I will take a tip of the cap on this one. I can't say I'm the person who tipped Swatch off - but it didn't hurt, I'm sure. Teaches us one thing: If you see design theft, report it. Real companies aren't going to put up with that sort of BS. I'm a proud puppy right now.
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Re: Swatch Sues Sturhling unoriginal

Post by Mark1 » June 19th 2012, 10:52am

Good work TB! I thought I remembered you contacting them, but I tried to find the threads because my memory is'nt foolproof. You never know what will happen but I hope Swatch puts the screws to SO. As I said earlier, maybe other companies will follow suit (pun intended.)
Last edited by Anonymous on June 19th 2012, 10:57am, edited 1 time in total.
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Re: Swatch Sues Sturhling unoriginal

Post by TemerityB » June 19th 2012, 10:56am

The Ricochet clones now seem to have disappeared from Amazon.com as well.

Sure seems like SO is fucked on this one, aren't they.

Who's buying?

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Re: Swatch Sues Sturhling unoriginal

Post by Mark1 » June 19th 2012, 11:01am

TemerityB wrote:The Ricochet clones now seem to have disappeared from Amazon.com as well.

Sure seems like SO is fucked on this one, aren't they.

Who's buying?

Image


Still available from a couple of independant Ebay sellers in NY. Get em while ya can boyz.

http://www.ebay.com/sch/Jewelry-Watches-/281/i.html?_nkw=Stuhrling+original+Ricochet&_nkwusc=Stuhrling+Orginal+Ricochet&_rdc=1
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Re: Swatch Sues Sturhling unoriginal

Post by TemerityB » June 19th 2012, 11:05am

Here's a second take on what has become a national news story:

http://www.hollywoodreporter.com/thr-esq/men-in-black-3-swatch-lawsuit-338669

Now that I think about this, Temple must really be in some hot water, too - he's the oaf who made that ridiculous movie claim.

Cheshire cat grinnin'.
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Re: Swatch Sues Sturhling unoriginal

Post by TemerityB » June 19th 2012, 11:15am

conj, I'd have to bet I'm not the only one that let Hamilton know about this. But if it helped grease the wheel, hey...

I have to give ChronoMatt a plug here - he was even more pissed than I was at the time.
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Re: Swatch Sues Sturhling unoriginal

Post by RatRacer » June 19th 2012, 11:44am

Good job to all the wheel greasers out there.

They should also go after the chinese factory producing these for turdling, to send the message there too.
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