Purveyor of exquisite jewels and luxury timepieces Cartier is going a bit downmarket these days, or at least that is the implication they are concerned about. Cartier is suing designer discount site HauteLook.com for false claims regarding advertising and trademark infringement over the website’s sale of Cartier watches. Cartier is not suing HauteLook for selling fake watches, but for selling real watches and doing it incorrectly.
According to the Complaint filed by Cartier and provided by Fashionista.com, the company spends time, money and effort in building and maintaining its luxury brand and image in the marketplace. Indeed, if your product is worth thousands of dollars for the simplest design, you should ensure your client is getting everything they dream of, and more. This effort includes the product branding, packaging, warranties and even repair – if necessary, Cartier is careful to say. The company claims that HauteLook falsely claims they have “partnered” with Cartier to bring the luxury goods to customers at a great savings, something Cartier maintains never happened. The Complaint also says the packaging and warranties are inconsistent with the Cartier trademarks. In fact, the company claims that they purchased a Cartier watch from HauteLook and it arrived in a Baume & Mercier box. Quelle horreur!
When in doubt, businesses should work with the originator of any goods they would like to retail to the public. This may hit the bottom line up front, but will most likely save lawyer’s fees, court costs and damages claims later. Cartier is seeking $2 million in damages from HauteLook. That is no bargain.
Related Resources:
- Breaking: Cartier Sues Sale Site Hautelook Over “Fake” Watches & Bruised Ego (SheFinds.com)
- Trademark Protection By Use or By Registration (FindLaw)
- Small Businesses Should Be Proactive on Trademarks (FindLaw’s Free Enterprise)
- Advertising Mistakes: Lessons Learned the Hard Way (FindLaw)
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