Re: St Moritz Watches??? Who's going to contact the company and query their rights?

I don't think this is information that would commonly be disclosed on a web
page. It appears that the St. Moritz Watch company is no fly by night
organization (such as our friend from Einschvitzengarten) or "replica
manufacturer" but a major distributor in business since 1980 whose watches
are sold in many countries. In the US the main outlets seem to be scuba
shops and outdoor (camping/mountaineering) stores, including the large chain
Eastern Mountain Sports. If a company with such an important presence was
indeed in violation of a valid trademark they surely would have been sued
and restrained by the lawyers of St. Moritz municipality by now. I'm
guessing that since the municipality's registration took effect only in 2004
while SMW has been in business for decades, the registration would not be
effective against them. "First use" is an important doctrine in trademark
law.

At least in the US, everyone is "presumed innocent". When someone accuses
another of a crime or wrongdoing, as you have accused St. Moritz Watch, the
burden is on the accuser to prove the wrongdoing, not on the accused to
prove his own innocence and I don't think you have presented any proof that
SMW has done anything wrong. I realize you are sensitive to abuses of the
Swiss watch image and that naming your watch "St. Moritz" sort of hints at
Swiss origins that are not really there, but in US law at least,
geographical protections only go so far and they are apparently within their
rights. The true makers of "Champagne" , "Swiss cheese", etc. have much
more reason to be aggrieved but there is nothing they can do either under US
law.


I think we are entering an era of globalization where the "made in"
designation will be increasingly meaningless and products have to compete on
their own merits and not a national origin label. The labeling system for
US automobiles comes closest to the truth. Rather than a single "Made in"
designation, the label breaks down the origin of components by percentage of
value. Such a system would go a long way toward restoring the credibility
of the Swiss watch industry, but hell will freeze over before the Swiss
manufacturers allow such a system - it is not in their interest to tell too
much of the truth. Even that is not very meaningful - in the US for
example, to the extent that there is a garment industry left at all, most of
the workers are immigrants (as most garment workers have been for the last
century). What difference is it if a Chinese lady sews a dress in Guangdong
or if she gets on a plane and sews it in a sweatshop in Chinatown in NY? Or
if an Armenian watch maker works at a factory in Russia or in Geneva? Most
consumers frankly do not care either way - if the item looks good and meets
their needs, it could be made on Mars and they would buy it anyway. Due to
the vagaries of the US quota system for garments, clothes are made in the
oddest assortment of places, almost anywhere BUT the US. If you look at an
assortment of clothes from a label such as "Ralph Lauren", you see the pants
are made in Mauritius, the shirts are from the Dominican Republic, the
sweaters are from Bangladesh, the suits are from Poland, etc, etc. and
consumers don't care in the least, so I think you are fighting a losing
battle.








"SWG" <swisswatchguy@xxxxxxxxxxx> wrote in message
news:1140516922.650136.286230@xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx
I have checked the whole STM website: no reference to any licence is
being made. You are more a legal person than I am, and surely shall
agree that if there was any licence agreement, obviously it would be
specifically mentioned.


.

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