Dialed In
BY GARY GIRDVAINIS
VORTIC WINS ITS CASE WITH HAMILTON
I
N THE GOLIATH VERSUS DAVID COURT CASE OF Hamilton Watch International v . Vortic LLC , Hamilton ( the once-American watch brand now owned by the Swiss behemoth Swatch Group ) sued the Colorado-based Vortic watches for trademark infringement for recovering and giving new life to scrapped vintage Hamilton pocket watches originally built more than 100 years ago and upcycling them into modern wristwatch cases .
Notwithstanding the obvious paucity of evidence that anyone would or could possibly confuse a Vortic reborn timepiece with any contemporary wristwatch made by the Swiss conglomerate ’ s pseudo-American Hamilton brand , they pressed on .
Vortic claimed that their practice is actually “ upcycling .” Sometimes called “ creative reuse ,” upcycling aims to take waste products and refashion them into useful things . Typically claiming a positive environmental impact , examples of upcycling include everything from refashioning old Coke-a- Cola bottles into lamps to re-purposing food waste as bio-fuels .
Hamilton , on the other hand , sees Vortic ’ s use of Hamilton movements and dials as an obvious infringement on their intellectual property .
DIGITAL AGE In the digital era , Vortic ’ s use of antique mechanical movements and dials hardly resembles the kinds of intellectual property questions making news these days . However , Hamilton International Ltd . v . Vortic LLC might turn out to be relevant in the digital age because as we digitize our lives at such a rapid pace , older analog technologies are taking on newfound significance , desirability , and market value .
The recent upswing in the popularity of both vintage and new mechanical watches is just one example , with everything from old-school board games to pens , paper , film cameras , and physical books seeing huge swells in popularity over the past few years . Accordingly , many heritage brands are seeing massive growth .
It is here that we might glimpse how Hamilton and Vortic are tugging on the same rope , as both companies are relying on the appeal of Hamilton as an American heritage brand . Operated in Lancaster , Pennsylvania , from 1892 until consolidating all manufacturing to their Swiss plant in 1969 , Hamilton has been making bank on their American identity for decades .
AMERICAN HERITAGE Today the Swiss-owned and operated company issues mid-20th Century inspired models like the Intra-Matic , the ubiquitous Khaki Field watch , the Railroad , and — there ’ s no mistaking the American bent of this one — The Spirit of Liberty . As one considers the abundant American associations of the
18 | INTERNATIONAL WATCH | WINTER 2021