New York-based watchmaker Bulova has found itself at the centre of a legal battle after a judge ruled that a case lodged against the brand can move forward.
The case, which has been bought by Apollo 15 astronaut David Randolph Scott, challenges the rights of the Bulova and Sterling Jewelers, formerly known as Kay Jewelers, to use Scott within its branding materials for a timepiece commemorating the mission.
During his third moon walk as part of the Apollo 15 mission, Scott wore a Bulovo chronograph, instead of the malfunctioning Omega Speedmaster chronograph the team had each been issued with, which was worn for the first two walks.
While the timepiece was not an official partnership, the brand re-launched an updated version in 2014, the Special Edition Moon Chronograph, which the astronaut highlighted in the campaign.
Bulova and Kay both included references to Scott in descriptions of the Moon Watch on their own websites, and Bulova’s site features photos of Scott and a video containing audio of Scott’s voice.
In response to the suit, Bulova raised four defences to Scott’s misappropriation claims, arguing that any use was incidental, the use is protected under First Amendment principles as a matter of public interest, it is a piece of transformative work and Scott is not “readily identifiable” and so his likeness has not been used.
While the company provided four defences in order to attempt to prevent the case proceeding, District Judge Nathanael Cousins announced the case should continue.
“While Bulova may legally showcase its legitimate connection to Apollo 15, the court cannot say as a matter of law that defendants’ advertisements do not cross the event horizon into the black hole of misappropriation.
“But whatever connection the original chronograph created between Bulova and Apollo 15 does not automatically make Scott fair game.
“Even viewed in the light most favorable to Scott, this evidence is a parsec away from describing distress that no reasonable person can be expected to endure. Furthermore, there is no evidence to speak of showing that Defendants were intentional or reckless in the emotional harm they allegedly caused to Scott.”
The case will now be presented to a jury that will decide whether the companies improperly used Scott’s image and likeness, and whether the ads imply Scott endorsed the timepiece.
WatchPro reported back in 2016 how Bulova had developed a replica of the famous Apollo 15 moon watch that fetched a record $1.625m (£1.16m) at auction the year before.
The chronograph watch, worn by Apollo 15’s Colonel Dave Scott in 1971, made global headlines when it was put up for sale and went onto create history among the watch collector community.
Left out of this story and the entire Apollo 15 scandal is the fact that A)Scott was not authorized to bring the Bulova on the mission. B)the Bulovas was a prototype not yet available on the commercial market so he could not have purchased it. C)no details have been released on how, conveniently, Scott managed to damage the crystal on the NASA issued Omega Speedmaster that then gave him the excuse to retrieve and wear the Bulova on the Lunar surface. D)The Bulova, being a personal property, was allowed to be kept by Scott after the mission(note that all the Omega’s were NASA issue and had to be returned, there is no private ownership of a NASA Speedmaster). E) The entire Apollo 15 crew were reprimanded and removed from future missions for “commercializing” the mission. F) The Bulova eventually fetched $1.6 million in auction. It doesn’t take a “rocket scientist” to figure out that Scott was given the watch by Bulova to try to find a way to wear it on the moon and give Bulova “Moonwatch” status. Wonder how much Scott was paid to damage the Omega and wear the Bulova?
Eli, I take it you’re an Omega consumer? Heh heh. I’m sorry, but no longer can it be said that there was only one. Bulova walked on the moon, too. Except that it completed the mission when the Omega could not. I used to want a Speedmaster. Not anymore, though, since I have the Bulova Moon Watch. And at a reasonable cost.And far more accurate and reliable than the Speedy.
@ELI. All of those things might be true. The evolution of the prototype was well documented in a worn and wound article. https://wornandwound.com/bulova-used-universal-geneve-get-moon-can-get-one-today/
It’s clear that one of the prototypes that Bulova had hoped to be used to certify their chronographs for Skylab during the 1972 “second chance” program.
How it got in Scott’s hands is still a bit of a mystery, One thing is clear, however, Bulova had no desire to have another “moon watch”. By Apollo 15, it was already clear that the Apollo moon program would end in two more missions. The crew of 15 knew that Apollo 17 would be the last moon shot well before launch. So this was not an attempt to get another “moon watch”.
No, Bulova wanted Skylab. And probably figured that sneaking aboard one of it’s prototypes aboard Apollo was a way to get a leg ahead, or at least get the opinion of an Astronaut on how it compared with a Speedy.
Whatever the intention, it backfired. The Bulova was not manufactured in the US and NASA didn’t consider buying a Swiss company made the watch any more “American” They stuck with Omega, and Omega has in the meantime made a fortune marketing the Speedy as the official “moon watch”.
The Bulova moon watch is an interesting side note and still is the only privately owned watch to have ever been on the moon.
And the re-issue is a beautiful well constructed watch with incredible accuracy. There is room on the horological world for two moon watches.
Once again another reason to stop being proud to be an American. Didn’t you get enough cash selling yours, now you have to sue? Thanks ass.
David Scott = Dick. I bet he was emotionally damaged when he made a cool $1.6M selling his free Bulova watch. Bulova should counter sue for a piece of the sale. Looks like they only loaned him the watch,
CAPITALISTS!