Plaintiff has been suing various wristwatch companies over the use of the term RED GOLD. Here, Breitling’s dismissal of plaintiff’s suit at summary judgment provides a road map as to how to make descriptive fair use of even an incontestable mark (and even when there were (allegedly) alternative descriptive terms available to defendant).

From the

National Academy of TV Arts and Sciences v. Multimedia System Design d/b/a “Crowdsource the Truth, 20-cv-7269 (VEC), SDNY July 20, 2021

Hollywood Reporter coverage when suit was filed.

Defendant “produces video content that, inter alia, traffics in wild conspiracy theories” (now there’s a finding of fact in a judicial decision you don’t see