Cartier v. Aaron Faber, Inc.
United States District Court for the Southern District of New York
512 F. Supp. 2d 165 (2007)
Cartier, a division of Richemont North America, Inc. (Cartier) (plaintiff) was a designer and manufacturer of high-end jewelry and timepieces and owned the trademark “Cartier” for clocks and watches. Aaron Faber, Inc. (Faber) (defendant) acquired genuine Cartier watches and had third-party jewelers mount diamonds on them, including in ways intended to appear identical to more expensive watches sold by Cartier. Faber then sold the watches to auction houses on consignment. The watches retained Cartier’s marks with no indication that they had been significantly altered after leaving Cartier’s hands. Cartier sued Faber for trademark infringement. The district court found that Faber’s means of modifying the watches created a likelihood that customers would be deceived into believing the alterations were performed by Cartier and entered summary judgment in favor of Cartier on the question of liability. Faber argued that monetary damages were not recoverable due to a lack of notice that Cartier’s marks were registered and that monetary damages required a showing of willful deception or actual confusion. Faber cross-moved for summary judgment denying Cartier’s claims for monetary damages.
Rule of Law
Holding and Reasoning (Marrero, J.)
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