American Watch International?

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.

Suprise, Suprise!

HELLO! After a long hiatus attributed to both a lack of inspiration and the demands of work, I’ve stumbled on something that just reaffirms my loss of interest in contemporary Horology.

I purchased the Swiss Army Convoy Chronograph a few years ago at my local TJ Maxx. I had looked at it and was impressed by the overall heft and feel of the steel as well as the finish. I also liked the lines and overall scale of the piece the case looked very modern. What I wasn’t impressed with was the ‘look’ of screw down pushers that were not actually functional but a design element to replicated the design of the crown. I’d expect function over style with a brand like Victorinox. I also am not a mineral glass fan, especially on a quartz watch. And while i appreciated that the piece was swiss made the price at $250 was a no go. Not for a quartz. It was one to keep an eye on for the inevitable price drop if it didn’t move and it lasted long enough to reach my price.

Weeks passed and it made its way to the clearance case and the game began. $250 to $239. With each passing week, $10 to $15 dollars would drop off the price as the stack of orange tags grew thicker.

Weeks went by and all of the other watches in the case were churning while the Convoy remained. Eventually, I asked to see it again and immediately looked at the price. It was now appropriately priced (for me anyways) at $115.99 so I pulled the trigger.

The battery started to go back in September as it was losing about five minutes a day. Into its box it went to have the battery replaced at some point in the near future.

Thursday of last week became the past and the revelation of opening the case was a let down.

While both the face and exposed case back are labeled “SWISS MADE” the inside of the case back reveals the actual origin of the case:

NOW there has been a lot of exposure of Invicta Watch Company engaging in murky behavior with “Swiss” watches originating in China, as well as talk of the Swiss Federation investigating some of Invicta’s claims of Swiss Made. But when asked for comment, the FH have refused. Maybe because whoever is manufacturing “Swiss Made” timepieces for Invicta is also manufacturing them for companies like Victornoix. I know, I know; Swiss Made by the legal definition really only pertains to the movement, finishing and assembly. I expected an all Swiss product from a Swiss based company. Maybe I’m being unrealistic with that expectation in today’s modern world of Asian near slave labor wages. But it makes me think there is no investigation. That, more than likely, the Swiss are badmouthing Asian opportunists because they’re not their opportunists. Maybe shining a light on even one small aspect of this name game, like the one Invicta is playing, would actually expose the entire Swiss watch industry as breaking its own rules to maintain profits on lies.