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Rolex has filed a complaint against a New York City-based jewellery store, which it says uses its trademark on signage to “lure” consumers.
In a filing at the US District Court for the Southern District of New York yesterday, August 12, Rolex said retailer APR57 uses an image of a crown on its exterior sign that infringes its trademarks without consent.
It said APR57’s sign bears a seven-pronged crown design that is “substantially indistinguishable” from Rolex’s five-pronged crown design.
The watchmaker said it has sent cease-and-desist letters to APR57, informing it of the “potential penalties for its confusing and unauthorised use of the Rolex trademarks”, but the store continues to use its trademarks.
APR57’s acts are “calculated to confuse and deceive consumers and have been performed with full knowledge of Rolex's rights,” the filing said.
Rolex said the store uses the crown design as “a lure to generate business” and in doing so, “has been unjustly enriched”.
Additionally, such usage falsely suggests that APR57 has some connection, or relationship, with Rolex, it alleged.
Rolex asked the court for injunctive relief, treble damages and compensatory damages.
It said it has registrations for a number of trademark registrations for the word sign ‘Rolex’ and the figurative design of its five-pronged crown. The marks are registered for goods including watches, clocks, timepieces and jewellery.
New York City, US District Court for the Southern District of New York, trademark infringement, APR57, jewellry, trademark infringement