How are Brands able to rip off Rolex designs?

[SMD]

Originally Posted by 77T

"Styles" aren't patented. Otherwise nobody could have a watch from anyone other than the person who's patented a blue dial, or gold & SS, etc. Terms can be trademarked, like Submariner, Yacht-master, etc.

And it was Rolex who copied several other waterproof designs to build their own waterproof watch...something I've shared before about how we got here: http://www.vintagewatchstraps.com/waterproof.php

Not patents, but trade dress can be protected. AP has gone after companies that ripped off their designs, and Coke has protection of its bottle design. There are numerous tests to satisfy, there has to be a likelihood of confusion, etc. It can be done, but the design has to be very unique and indicate or identify the source of the watch.

[cpark]

Originally Posted by 520lux

I don't think ROLEX cares because companies like invicta are not selling ROLEX watches they are selling invicta watches. IF invicta strapped a ROLEX logo on their products then there would be a problem.

Not everyone can drive a ROLLS ROYCE and not everyone can afford a ROLEX. So there are options that fit lifestyles and budgets. Some people love the ROLEX brand but can not afford it and its nice for them to have a watch that looks samilar to a ROLEX and makes them happy. The quality is so far apart thus $100 watches vs $10,000 watches. With that said they are not horrible watches and for the price and having an automatic watch is not bad.. They are actually a great watch for a young man to have and learn how to take care of a time piece...

Most people that know ROLEX will know that the guy wearing an Invicta is not wearing a ROLEX.

I am sure ROLEX would rather target wealthy folks anyways.

Cheers

I understand that it would have Invicta's logo on it but I don't see how they can blatantly copy Rolex's designs.. It's like me starting a company with similar color scheme of mc Donald's and I have a big arch over my store with a big letter. Or if say Toyota started making cars that look pretty similar to say a Phantom? Of course Toyota would have their own Toyota badge on it, but the company would be sued, easily. Or if they copied the BMW style grill on their cars? The courts would easily rule in favor of the original manufacturer. I don't see how this doesn't apply to watch brands?

[airchitect]

Everyone copies Rolex style. Look at every dept store mainstream watch..... A dj or sub knockoff

[Spartacus]

Alpha is another brand that does a blatant copy, I worry they are the same company making the fakes.

They literally have the Paul Newman dial copied 1:1 on a Daytona look-alike.

[77T]

Originally Posted by SMD

Not patents, but trade dress can be protected. AP has gone after companies that ripped off their designs, and Coke has protection of its bottle design. There are numerous tests to satisfy, there has to be a likelihood of confusion, etc. It can be done, but the design has to be very unique and indicate or identify the source of the watch.

Yes that's true about the Coke bottle -

The company approached the Patent Office stating that the bottle's shape was so well known that it should be granted Trademark status. It was highly unusual for a package to be granted that status but the Coca-Cola bottle was recognized as a trademark. And only because the bottle had previously been in continuous Patent protection since early 20th Century did they prevail in the '60's.

I don't see anything distinctive about the shape of a Rolex that would yield the same result though.

AP didn't act in US courts afaik since it and the fakirs are based elsewhere. Did you have a reference for the AP action(s)?


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[SMD]

Originally Posted by 77T

Yes that's true about the Coke bottle -

The company approached the Patent Office stating that the bottle's shape was so well known that it should be granted Trademark status. It was highly unusual for a package to be granted that status but the Coca-Cola bottle was recognized as a trademark. And only because the bottle had previously been in continuous Patent protection since early 20th Century did they prevail in the '60's.

I don't see anything distinctive about the shape of a Rolex that would yield the same result though.

AP didn't act in US courts afaik since it and the fakirs are based elsewhere. Did you have a reference for the AP action(s)?

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Here are a couple (Hilfiger settled):

http://iwmagazine.com/news-and-now/2...n-swi-lawsuit/

http://www.law360.com/articles/48234...ade-dress-suit

Wrote law school note on trade dress protection, though that was a number of years ago.

[77T]

Thanks! Will read.

What're your thoughts about Rolex shape/style if they went after the Bluesy imitators?


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[RichM]

You mean like this.

[SMD]

Originally Posted by 77T

Thanks! Will read.

What're your thoughts about Rolex shape/style if they went after the Bluesy imitators?


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No expert on this by any means but I think it's much tougher for them. Dial colors etc aren't as distinctive to the average person (as opposed to the people on here). And many of the design features evolved over long periods with a lot of copying going back and forth. So probably more difficult for Rolex.

[77T]

I agree. Very interesting read about AP. I'm guessing the defendants never appealed.


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[YuriyV]

Originally Posted by peterskinner

Dive watches, such as the Sub, will tend to resemble each other because the specification for a dive watch (there is one) leads that way. You need a big bezel, very clear hands, strong waterproof case and so on. And, as has been pointed-out, Rolex weren't first anyway.
I wear a Grand Seiko quartz dive watch; I doubt that GS are copying anyone but earlier Seiko designs, but my partner still insists she can't tell it from my old Submariner.

Agree. It is like laws of aerodynamic dictates similar aircraft design.

[landroverking]

Why all the Steinhart hate?
They seem well made, and are bigger. 42Vs40.
And the comment about " but not inside" seems a bit off.
Some just look thru Rolex goggles.
Or rose colored glasses.

[warrior]

As an aside, this post confirms my belief that most ( not all) chronographs, including the revered Daytona, look alike regardless of brand. None of the others look alike to me.

Originally Posted by qadhi

Blancpain claims the sub look was their design and Rolex says otherwise..a similar topic was discussed on a different forum and I did some research and compared several watches from different brands with each other..here are some of the comparison pictures that I came up with

[J!m]

Originally Posted by 77T

"Styles" aren't patented. Otherwise nobody could have a watch from anyone other than the person who's patented a blue dial, or gold & SS, etc. Terms can be trademarked, like Submariner, Yacht-master, etc.

And it was Rolex who copied several other waterproof designs to build their own waterproof watch...something I've shared before about how we got here: http://www.vintagewatchstraps.com/waterproof.php

Actually you can do design patents. Although those don't last as long (7 years I think). We have several on some thermal spray guns. You can't make a part that looks like the nozzle nut nor can you make anything that would attach.

Not 25 years like typical IP but if there is a patent number listed most companies leave it alone.

[77T]

Yes agree one can do a design like the Coke bottle example discussed above. At first they did recurring patents and renewals - in fact one renewal yielded the famous Christmas Coke bottles that now fetch hundreds of dollars. But finally stopped and settled on a trademark filing that was easier to manage.

Style is what I was mentioning. Like trying to patent a round watch case and expecting everyone else to make other shapes.
For the blue dial on a tt sub there's nothing new to patent there - so many lookalikes exist.


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