Watchmaker’s Trademark Win Spotlights Disclaimers, Resale Markets

Sept. 23, 2021, 7:54 PM

Watchmaker Hamilton learned the hard way at the Second Circuit that just because someone sells a product with your trademark prominently located on it doesn’t necessarily mean they infringed.

The U.S. Court of Appeals for the Second Circuit affirmed a district court decision that Vortic LLC didn’t infringe Hamilton International Ltd. trademarks when it sold wristwatches incorporating branded Hamilton vintage pocketwatch faces.

The ruling hinged in part on a disclosure by Vortic that made sufficiently clear that Hamilton wasn’t involved with the resale of the refurbished watches. Disclosures can be a significant boost to the defense of parties who resell ...

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