Brand Acknowledgement & Fair Use Policy

Effective Date: [Insert Date]

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1. Scope and Purpose

This page outlines how Luxury Watch Authentication (“we”, “us”, “Company”) handles references to third‑party luxury watch brands (e.g. Rolex, Omega, Patek Philippe, Audemars Piguet, Cartier, etc.). It clarifies our intentional legal frameworks, ensuring that brand names appear solely for descriptive, nominative fair use, and to eliminate any possible confusion regarding affiliation or endorsement.

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2. No Affiliation, Endorsement, or Sponsorship

• We explicitly state that we are not affiliated, endorsed by, or in any way officially connected with any referenced brand. Our use of brand names is strictly nominative—used only to identify the type of watch being authenticated.

• This includes disclaimers in marketing, content, certificates, and advertising that emphasize our independent status and the brand’s exclusive rights over their trademarks.

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3. Trademark Fair Use Principles

3.1 Nominative Fair Use Doctrine

As established by U.S. case law and reinforced internationally:

• Use of a trademark is permitted when it is the only reasonable way to identify the product or service.

• The use must be limited to what is necessary for identification.

• There must be no implication of endorsement by the brand owner.
  Wikipedia+1ce9.uscourts.gov+4International Trademark Association+4Lexology+4

3.2 Descriptive Fair Use

In certain jurisdictions, trademarks may be used descriptively if they simply describe the type, quality, or intended purpose—not as branding. Such use avoids monopolizing language common to the industry.
International Trademark Association

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4. Legal Precedents & Commercial Practice

• Skeleton Concept vs Rolex (France): A court ruled against a customizer who modified Rolex watches and marketed them with the Rolex brand, stating such use created consumer confusion despite disclaimers.
  ce9.uscourts.gov+12The Fashion Law+12Hodinkee+12

• Swiss Federal Supreme Court Decision (Customization): Confirmed that customizing a branded watch on behalf of the owner for private use does not violate trademark law—provided the watch is not marketed anew.
  legalblogs.wolterskluwer.com+2Hodinkee+2

• Muy use in SEO or Listings: Courts emphasize the necessity of clear disclaimers—just describing or listing “Rolex-compatible” without implying endorsement—helps avoid infringement.
  legalblogs.wolterskluwer.com+8The Fashion Law+8Wikipedia+8

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5. Our Practices & Compliance Measures

5.1 Rational Use of Trademarks

• We may mention brand names when necessary to accurately describe the watch under review (e.g. model “Submariner”, “Datejust”).

• We do not use official logos, stylized fonts, or taglines in a way that implies endorsement.

5.2 Clear Disclaimers

• Each page or certificate referencing brand names includes disclaimers like:

  “All brand names are used only for descriptive purposes. We are not affiliated with, endorsed by, or sponsored by the respective trademark owners.”

• Such disclaimers are critical to establish nominative fair use and to minimize risk of consumer confusion.
  Wikipedia+11The Fashion Law+11ce9.uscourts.gov+11

5.3 Limited Trademark Use

• Only the textual brand name is used when necessary, never stylized or graphical trademarks.

• We avoid using unlicensed brand images or logos unless explicitly authorized.

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6. Client Obligations & Indemnity

As a client, you agree that:

• You will not present our service or deliverables as if they were official brand certificates or endorsed by the brand.

• You will not use brand names in advertising or listings in a misleading way that could imply affiliation.

• You will indemnify and hold harmless Luxury Watch Authentication against any claims arising from misuse of brand references in your own content or transactions.

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7. Summary Table: Do’s and Don’ts

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8. Legal Protection

By including this detailed Brand Policy within or alongside our Terms and Conditions, we:

• Reinforce our position under fair use laws across jurisdictions.

• Shield ourselves from trademark infringement claims.

• Demonstrate proactive compliance with brand protection norms.