American Watch International?

October 17, 2012

HERE’S an interesting development in the world of TV Horology: Swiss Watch International has apparently lost the use of the word Swiss in both the name Swiss Watch International and Swiss Legend.

I stumbled on a legal decision dated January 30th of this year while researching another possible blog topic and started reading through the court records in the case, Swiss Watch International Inc. V. Federation of the Swiss Watch Industry, T.T.A.B., No. 92046786, 1/30/12

The decision by the Trademark Trial and Appeal Board of the United States Patent and Trademark Office was the culmination of an action that began in 2006 when the USPTO did not grant Swiss Watch International trademarks for either their name or house brand, Swiss Legend on the grounds that the “Swiss” would create confusion with the Federation’s marks “Swiss” and “Swiss made”.

SWI then attempted to have the “Swiss” and “Swiss Made” marks cancelled in the US on the grounds that the names had become generic in the US because the Federation did not control their use and so they were no longer entitled to protection.

But the USPTO dismissed this case and ruled that the certification marks are not generic, despite the unauthorized use of these trademarks by other parties. They cited the Federation’s worldwide monitoring and enforcement system as well as the actions they have taken against third parties that have infringed on these trademarks, as well as the American public’s recognition that the certification marks ‘Swiss’ and ‘Swiss Made’ identify the origin of a timepieces manufacture as Swiss.

Swiss Watch International has already registered a new Legend logo and trademark and I couldn’t find anything pertaining to the parent company’s name.

What strikes me is the argument; that the trademarks are “generic” in the US because third parties have used them without penalty. Might this weak argument be a finger pointed at Invicta for such memorable missteps as the Swina Gate Fiasco and the great The Great DD Debacle? There’s no way to tell because the exhibits used to make their case are either redacted or confidential.

As expected, the company currently known as SWI has filed an appeal so it will probably be awhile until we see how this case ends.

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15 Responses to “American Watch International?”

  1. koimaster Says:

    Outstanding report and research. Way to go. Now hopefully, appeal or not, the Swiss Federation will go after all of the leeches who usurp the term Swiss for their own profits.

  2. krane11367 Says:

    I echo koimaster’s thoughts. A great post, and it’s time for the Swiss to get tough on this stuff – enforce their own rules, finally.

  3. Lunchb0x48 Says:

    This helps make some sense of the trade marking attempt by Invicta of GPS coordinates. Could having a trade mark of a Swiss address give any kind of standing to placing “Swiss” some where on your product??

  4. BigCheez Says:

    I think CHINESE Watch International is still available.

  5. Twat Waffles Jr Says:

    Lior and his co are known for selling these “high end” watches aside from their regular egg foo young shit on a stick garbage, but don’t be surprised if your high end watch has 2 different serial #’s, or a nick or gouge in the steel/gold.

    I say let’s all storm the Invicta Grotto and defecate on their yellow boxes of wonder. Leave a smear of fecal disdain upon them!

    Screw this Swiss crap, it’s just not interesting enough unless they in fact do change their name to something like…”Swiss Crotch Intl”…….OR HOW BOUT THESE???

    “Hong Kong Long Dong.com”

    “Got the time, and the egg rolls”

    “Sing-Me-A-Poor Once upon A Time”

    “Mass Produced Worthless Trinkets Inc”

    “China Asia So What Watches”

    “Cheap Cheap Cheap.net”

    “Ben-Shmuel-In-The-Ghool Timepieces”

    “The Floridian Time and Pawn Shop”

    “Swiss Parts and Smelly Farts”

    “Questionable Goods”

    “World Of Watches and Moo Goo Gai Pan Thrift Shoppe”

    “Trust Whore-ology”

    and….”It’s Really Swiss Wink Wink Nod Nod Inc”

    🙂

  6. Smegma Poutine Says:

    Swiss Legend?

    Were commentating about chintzy watches and Swiss Federation guidelines?

    What about how I’d rather blow saucy chunks of sputum on my wrist instead of donning one of those ghastly things!

    Not enough? How about an Invicta Tritnite Tie that implements their elements, and that they have adapted into this collectible case construction and build, and is also field tested and most sought after by the collectors, and included is our famous blue red collectors dive box (shit box) that you can only get here on Shopnbc, you must buy, you will buy, what a deal it’s $2,000.00 off it’s Shopnbc price and 4.2 million dollars off of the suggested retail and it comes to you on 75 easy value pays.

    And as the (well respected) David Mermlestein would say, I urge you all, this is simply an amazing deal, never have I seen this before, look at this Super C, with 296 diamonds, ohhh and a shout to Alon from Adee Kaye as he would say, this watch is beautiful superb, we use quality movement, quality ceramic, look at Paul Woods now LMFAO, world of watches is a comedy.

    Thank the good lord these things make great gifts for the people in your life that your not that crazy about. How bout a Lupah with 28 extra straps and comes as a limited edition of only just 10,000 pieces made!

    C’mon kiddies, sing with me, Let’s saturate the masses with poorly over produced products made in the good ol’ U.S.Asian

    I guess what I’m trying to say, all kidding aside is, Lior really does have the RIGHT to his name, he earned it, it should be his, maybe the consumer should know the difference between origins and designs and manufactured where and assembled where and all Swiss parts, and Swiss should relax, isn’t New Jersey bigger than that country?

    Ciao, Francesco Rinaldi!

  7. Bichon Daddy Says:

    I see you are still writing your mindsucking Blogs you really need to get a life or maybe a blowjob it my expand your mind

  8. betterskills Says:

    My old girlfriend from Kingman, AZ; how have you been Larry? What are you into collecting now? I know you’ve been let down twice as those Beanie Babies and TV brand watches didn’t make you rich and I hope that all is well and you can afford food for those queery little dogs.

  9. Truth&TimeTeller Says:

    Oh, Katy, hide the leftover Halloween candy – TT/Bichon/the WatchLords crybaby is back – the only MOD in the history of watch blogs who constantly posts he can’t buy watches right now cuz he can’t afford ’em cuz the car needs fixin’ or this or that; it’s like running a blog about movies and then complaining he hasn’t actually seen one in nine months. That’s right, gang – Bichon is a MOD at MyWristWatch.net, the only watch website where out of 22 recent posts, 16 were about football. I’m not kidding.

    But then again, his “blog” is actually run by the cheesy watch sales site Zulu Time Zone, which runs “ads” on Larry Magen’s amateur online joke, Acorn.TV, described as “Wayne’s World in an old folk’s home” by a NY newspaper. But, of course, MyWristWatch.net is the only place on earth where an obvious joke of a brand like Stuhrling Original (“gotta gets me a ter-bee-on!”) gets talked about in gushing, orgasmic tones. You read it and it’s like watching someone take an open dump in a commuter train – you’re there, you see it, but your mind can’t process that it’s actually happening.

    But, of course, it doesn’t prevent the waddling goof from coming to blogs like this and doing the “get a life” BS line. It’s a pity; Bichon is a living monument to tastelessness, cluelessness, and the inability to take the time to actually learn about the watch world that’s actually outside his Cheeto-stained remote control. When someone calls him out on his utter stupidity on FB or WL or, well, anywhere else, he whines that he’s bein’ picked on because he gots problems. So tell us, ya slob – big boys like you get blow jobs, which you so intellectually advised us to obtain? Do tell! But, of course, talking about a non-existent sex life is exactly like their non-existent horology knowledge. It’s all a fantasy world to these hayseeds, where people as upstanding as Michael Davis and Larry Magen are looked upon as heroes simply because the seedy world of home shopping networks threw ’em on TV to sell worthless Chinese crap to an audience of shut-ins, seniors, and simpletons.

  10. conjurer Says:

    The above comment made me laugh hard.

  11. Lap My Sap Says:

    This is getting good, I love me an ST-9009 hoagie on whole wheat with a drizzle of Prestige pesto and generously slathered with some Megan mayo and a dash of Manchester Ozzie crema with some deep fried pickled Apocalypse avocado’s.

    -For Dessert-

    I’d like a baked Alaska on a pork bun ho fun cake tofu bombe, with Zepher zest and Dynasty donuts laced with a rum soaked Madison milk icing.

    DISCLAIMER:

    We at SO promise to use 100% peanut oil and no msg, please ask for fortune cookies and hot mustard, please try our Chinese wings you gotta try!

  12. FrostYourFaceWithGlobsOfCum Says:

    LMFAO

    Now were cooking with ass, I mean gas.

  13. Cunt Pancake Says:

    Yeahhhhhhhhh!

    I vote we hire Jim Skelton to be the moderator for these posts.

    LMFAO

  14. FinagleMyCockBagel Says:

    I think Lior is an honest gent.

    I think Eyal is an honest gent.

    I think Asian Valjoux’s keep better time.

    I think television watches hold tremendous value in the real world.

    I think grated cheese is actually good on fish.

    I think Seagull makes great movements.

    I think this website is very water resistant.

    I think Jim is missed on the shop.

    I think Swiss Legend watches can out perform watches 20x as expensive.

    I think K-1 crystals are impregnable.

    I think tires made in Korea are superior.

    I think margerine is better for you than butter.

    I think it’s okay to be separated from your money as long as your getting amazing deals on collectible television timepieces.

    I think there’s cheese on the moon.

    I think your all certified bonkers for believing me.


  15. […] attribute this pull back in spending to? Might it be a result of the losses incurred by SWI’s unsuccessful litigation attempting to take the trademark “Swiss Made” away from the Federation of the Swiss […]


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