The Verdict Is In...

And David has won!

Or in this case, R.T. Custer and Vortic Watch Company.

After five long years, Vortic has emerged the winner in the case that was brought by Hamilton (you know, that tiny little micro brand owned by SWATCH Group). Long story short, Hamilton asserted that Vortic was guilty of (in all honesty) a laundry list of things that in the end were not proven in the eyes of the court. 

And if nothing else? For this small outlet we are always happy to see right triumph over might ; )

Here is the release, straight from Vortic -

Vortic Watch Company Wins Landmark Lawsuit Against Swatch Group Brand, Hamilton

U.S. Federal Judge’s ruling sets precedent for the entire upcycling industry.

Fort Collins, CO (September 14, 2020) — Vortic Watch Company announces victory in a trademark case filed against the company by Hamilton Watch International, a Swatch Group brand. In a decision made by the U.S. Federal Court on September 11, 2020, the judge ruled in favor of Vortic on all counts. After a five-year battle, Federal Judge Alison Nathan determined Vortic has the right to salvage and restore antique pocket watches and turn them into wristwatches, including those that bear the Hamilton trademark.

“I always knew what we did was not wrong and did not violate trademark law.  What we do celebrates and preserves these wonderful antique watches,” says R.T. Custer, co-founder of Vortic. “I’m so thankful the U.S. justice system validated that and protected our American Dream.”

The Swatch Group, a Swiss conglomerate which oversees the once-American Hamilton brand, accused Vortic of trademark infringement and counterfeiting in 2015. The case finally culminated in February 2020 with a bench trial in the Southern District of New York.

“We’re happy with the precedent that’s been set in this historic case,” says Vortic’s attorney, Robert Lantz. “We demonstrated that the business model of upcycling antique pocket watches into wristwatches is fair and legal. Moreover, the Court’s ruling protects thousands of American small businesses that preserve history, and enhance or find new uses for antique products.”

Vortic successfully presented its efforts to avoid any consumer confusion in advertisements by describing its watches as works of art – “a museum on the wrist.”

“I couldn’t be prouder of both my team and the Justice System.” says Custer. “We won one for the little guys today.  This was truly a David vs. Goliath case.”

A Contrarian Vortic

THE CLEVELAND RAILROAD 004 -

Courtesy of Vortic

From Vortic.

So this one speaks to me.  A Vortic that swims against the stream and is re-imagined twice! The concept behind Vortic is one that I think anyone can grasp without too much difficulty - under appreciated (not necessarily unloved) pocket watches, dials, movements and hands brought back to life as wrist watches that can be worn more "regularly" as we don't tend to wear vests with pockets.

I am the proud owner of a custom Vortic myself, so I absolutely get and appreciate the concept. But as pretty much anyone who knows me just a little bit will inform you, I am also a contrarian by nature.  My high school's population was crazy about Prince, I preferred Bob Dylan. While most pen fans worship Mont Blanc, I find myself decidedly in the Pelikan camp -

And as a Northern Youth growing up near Cleveland, I found myself more of a fan of Jack Brohamer -

than I was of Buddy Bell -

Needless to say, I am a forever fan of Frank Robinson -

The 1970s are well and truly in the rearview, but for those of us who grew up south of Lake Erie, those wild red jerseys still speak to us ; )

Okay, let's get back to watches. This was (by all appearances) a one-off put out by Vortic that I believe (unless I was misinformed) an exclusive news item for another outlet at its release.

It is based on a Ball pocket watch circa 1948. For those unaware the Ball Watch company started life as a strange convergence of events.  Webb C. Ball was actually a jeweler. And it might have stayed that way.  But following the horrific collision between two trains that never should have been in the same place at the same time in Kipton, Ohio (a little better than 5 miles from where I grew up), Mr. Ball was tasked to fix this problem. As a result, he helped establish standards for time keeping requirements for watch accuracy and performance that were adopted by not only the railways, but the watch brands wishing to make watches for use by engineers.  The Ball Watch company (which grew out of his jewelry business) itself was perhaps more akin to Auguste Reymond in Switzerland, acting as more of an assembler/reseller. Nothing wrong with that, by the way.  

Now as I have said, I am contrarian by nature, and this one not only speaks, it SINGS to me. 

Courtesy of Vortic

This one is really special. And in many ways, it is the "Ballest" Ball watch out there - the original movement refinished, adjusted and refined and put in an even more impressive case.  It is slightly steampunk in look and feel, and while I realize it might not be everyone's baby, I would be thrilled to have this time machine in my pocket.

My understanding is that this one has come and gone, but you never know what the Vortic team might pull out of their sleeves in the future.

Here are the pertinents -

WATCH SPECIFICATIONS

• Manufacturer: Vortic Watch Company
• Model Year: 2020
• Warranty: Full 2-Year Warranty
• Case Dimensions: 
  • Diameter: 46mm
  • Height: 12mm
  • Lug-to-Lug: 55mm
  • Lugs: 22mm
• Case Finish: Machined Titanium
• Crown/Hardware: Stainless Steel
• Water Resistance: 1 ATM
• Crystals: Gorilla Glass
• Case Back: Stainless Steel
• Hands: Original
• Strap: Leather

MOVEMENT

• Original Manufacturer: Ball Watch Company
• Original Serial Number: 1b11273
• Manufacture Year: 1948
• Function: Manual Wind, Lever-Set
• Jewels: 21j
• Size: 12s
• Power Reserve: ~36 Hours

Made In America - The Witch City

The plain and simple truth is that at the moment, there are just a couple of fully, totally made in America watches.  And Vortic is one of them.
Now they do have a new release that you can read about at another outlet, but I thought I'd share mine with you today -

I had this one made back in 2017.  It is the Witch City -

It is based on a Waltham pocket watch. Wendy and I had moved to Salem, MA and owing to this a Waltham seemed like the most appropriate basis to build on.

It is good to know that some things are still made here, but moreover it is GREAT to know that history will continue to tick on and on thanks to Vortic.

And Justice For All

So for those of you who have been gently napping, as a public service announcement we remind you that today is a very big day in the watch business here in the US.  In fact, it goes well beyond that.  Today, in New York City there will hopefully be a final determination regarding Hamilton's legal action against Vortic.  

Again, for those pulling a Rip Van Winkle, Vortic is a brand based out of Colorado that, essentially, up-cycles abandoned, forgotten pocket watches.  Old cases, dials, hands and movements enter a cocoon in Fort Collins, Colorado, and emerge as wrist-born butterflies.  Long dormant family heirlooms enjoy a second life.  To quote Elvis Presley in "It Happened at the World's Fair" -
"Happy ending, happy ending
give me a story with a happy ending".

I mean, everybody loves a happy ending, right?
Well, maybe not so much... 
I refer you to the following article -

IS SELLING A RECONDITIONED PRODUCT TRADEMARK INFRINGEMENT? HAMILTON V. VORTIC

What is particularly telling in this whole drama is the manner in which the person responsible for Hamilton's arguments has artfully avoided actually, I don't know, participating.  I refer you to  

the following from Justicia Law:

Hamilton International Ltd. v. Vortic LLC et al, No. 1:2017cv05575 - Document 63 (S.D.N.Y. 2018)

As mentioned in a previous piece, the very notion that the key technical representative for Hamilton could not appear in court because the cost would be too high, is pretty difficult to accept considering the amounts of money Hamilton, and the SWATCH group at large spend on events, pr, media, etc.  Don't get me wrong, I love comped first class press junkets as much as the next watch dog, but if you can afford to pay for not-so-widely read journalists to travel to  various events, sponsor racing airplanes, etc., I think you can afford a business class ticket Zurich-NYC and a few nights of accommodation.  Moreover, let's keep in mind that it was Hamilton's decision to pursue this matter in the US.  

Will we ever know exactly what the thought process was behind this rather regrettable PR gaffe? Most likely not.

Was all of this avoidable?  Of course it was.  And what comes next?

Win, lose or draw, this has had an impact on Vortic.  For many of us who support what they are doing, we hope that it will have the Nietzshe effect, and that it will not kill Vortic, but rather, make it stronger.

And for the shot callers at SWATCH, I would ask you to consider another quote attributed to Nietzsche -

You have your way. I have my way. As for the right way, the correct way, and the only way, it does not exist.

Mediation pals and gals!  It will save you a shit-ton of money, and PR headaches!

The HYPE

So in the interest of full disclosure, I am one of the people behind the event you will read about below.

BaselWorld is nearly upon us once again.  And as I am sure you know, watch brands will not be restricted to Hall 1. 

This year, something rather unusual happened.  10 independent brands all agreed to work together and support each other in an open format that will be more accessible to journalists, potential retail partners and collectors.  To make this possible, these brands wanted a location that would invite curiosity and discovery, and they felt that there was no better place to do that than the lobby of the Hyperion.  What they wanted was a way to show their watches and connect with people without all of the noise, signage and HYPE found in a typical trade show environment.  What they wanted was something different - an opportunity to simply show their watches, to speak with journalists, collectors and retail partners honestly and openly without all of the noise.  A simple meeting where you can simply come and see the watches, and talk about them.

They didn't want a show, they wanted a collaborative space to share their creations, to meet with people one at a time, and to do it in a more stripped down environment.

It started out with the two brands that I represent - Minase and Sartory-Billard.  And then a few other brands heard about our idea, and they wanted a similar opportunity.  And The HYPE now involves 10 brands who will be working together during five days of BaselWeek - Thursday - Monday.

More details below -                                                                                                                                                                    

February 5, 2019

I wanted to take a moment to let you know about a special collaboration of small, independent and micro brands who will be hiding in plain sight at the Hyperion hotel during BaselWeek this year.

10 brands have come together to support each other and share their products with journalists, retailers, distributors and collectors in a less formal, more inviting atmosphere.  Come by the Hyperion (Formerly the Ramada) Hotel’s ground floor (in a secret location to be revealed in March) and experience the HYPE of BaselWeek 2019!

The following brands will be participating –

Minase                                              

Sartory-Billard                                  

Holthinrichs Watches                      

Lundis Bleus                                      

Straton                                               

Muse Swiss Art Watches                 

ISOfrane / Tropic                              

Vortic                                                 

GoS                                                     

Ophion                                              

The format is open and brands, their owners and representatives will be on hand to show their watches and share their opinions and insights. 

                               

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The Real World

Regular readers will note a clear drop-off in the amount of posting coming from Tempus Fugit over the past few months.  And to be very honest, it has been a small break I have given myself to collect my thoughts on the industry, how it operates, and what role the media (print, digital, influencer) plays in it.  And it gets to a point where you have to call it like you see it, so here goes.  Today's topic is the sometimes misguided pursuit of being right -

1.  How Much Is Enough?  When making a point runs the risk of getting confused with reality.
Point of full disclosure, I have in the past done some freelance work for Vortic (arranging press appointments at BaselWorld 2018), the company out in Colorado that specialize in taking the movements of American pocket watches, creating new crowns and wrist watch cases, and selling them.  In addition to a large stock of movements that they have purchased from estate sales, former jewelers and garage sales, they also offer customers the opportunity to send in their own pocket watch to convert it to a watch that they can wear and enjoy as opposed to having a pocket watch sitting in a desk drawer.

What I have come to understand via a discussion started on Watch U Seek is that the SWATCH Group in the form of their brand Hamilton has decided to pursue legal action against Vortic.  Here is the thread from that watch forum -

https://forums.watchuseek.com/f71/vortic-being-sued-swatch-group-4823167.html

And a google search brought me to this summary of the case which can be found here:

https://law.justia.com/cases/federal/district-courts/new-york/nysdce/1:2017cv05575/477925/63/

Hamilton International Ltd. v. Vortic LLC et al, No. 1:2017cv05575 - Document 63 (S.D.N.Y. 2018)

I am not a trained attorney or legal scholar, but it makes for some very interesting reading.  One particular item in the document caught me off-guard as I was enjoying my morning coffee while reading, and the resultant impulse laughter caused said hot beverage to shoot through my nose and decorate the screen of my computer.  On the positive side?  My sinus passages are nice and clear, and I have a pleasant, buzzing sensation.  That portion speaks to what appears to be an active avoidance to actually show up and come to an agreement.  Essentially (and please correct me if I have misunderstood), SWATCH Group, in particular Hamilton, sued Vortic in the US, and named a specific person in Switzerland as being the authority on their behalf.  This person then did not show up or phone in for the first scheduled meeting, and opted to deputize another individual to represent Hamilton for the second one because... it was too expensive for the responsible person from SWATCH/Hamilton to attend and participate.  

Too expensive?

Well, let's consider some realities -

The SWATCH group recently held two (in my opinion) very glamorous, and I can only assume fairly expensive press junkets to Shanghai, China for OMEGA, and to the Breeders Cup for Longines, where members of the press were brought (I can only assume by airplane) to attend.  I am not a licensed travel agent, so I cannot claim to have definitive knowledge of what pricing would be (airfare, hotels, ground transport, wining and dining) for multiple members of the press, but I feel confident that it would be more costly than even a first class air ticket from Zurich to New York and a night at the Ritz with an afternoon cocktail at bemelmans bar.  More specifically, Hamilton seems to have funds to cover their continued aeronautical partnership with Nicolas Ivanoff.  Obviously every company has a right to allocate their monies as they see fit, and apparently sponsorship of a pilot is considered a very crucial budget line item. Now whether or not the court finds the argument of high cost reasonable is a matter for others to opine on more definitively.  I just find it curious.

Here's hoping that both participants in this legal action can have what is often referred to in the language of addiction as a "moment of clarity", where the realities of this legal fandango can come to the surface, a realistic agreement can be reached, and both sides can move forward.

As a trained mediator, I frequently get called in to help individuals and companies settle disputes either before they go to trial, or when the courts decide that the dispute brought before them is not really worth the time, effort and expense to actually go to court.  And in my experience, there is almost always a tipping point where the dispute goes beyond what it was really supposed to be about in the first place, and gets down to, well... let's just say that emotion clouds common sense and the participants lose track of what the issue was in the first place.  And in these situations, there is also a point where there is no longer winning for either side, only degrees of losing, for both sides.

 

Why I Bought it - The Vortic Witch City

So before anything else, I need to disclose that I do some freelance work for Vortic.  While I am not an employee, I do assist in certain projects.  I purchased the Vortic watch discussed in this story, and as such am also a customer.  Having said that, in the interest of practicing what I preach, I felt it important to disclose this relationship.

In all honesty, I didn't really get Vortic at first.  It was an interesting idea, taking a no-longer utilized pocket watch, and giving it a new life as a wrist watch.  Moreover, it offered pretty much the only 100% made in America watch.  But I just couldn't really get my head around it.

That was until I met one of the key people behind Vortic, R.T. Custer.  R.T. was in town for an event in Boston, and we got together to talk about Vortic, and to give me the opportunity to finally clap eyes on the actual watches.

And then, suddenly, I got it.  We live in a throwaway society.  That is the plain and simple truth.  And it's not every day that you get an opportunity to design something on your own and see it come to life.  So pals and gals, I introduce you to the Witch City -

As Salem is now home, I wanted a watch that was somewhat reflective of that.  I gave some basic parameters - I wanted a "local" basis for the watch, and that would be Waltham of Waltham, MA.

R.T. and his gang found just the right pocket watch and sent me a short video so that I could give the okay.

But then, I wanted it to have some elements that would tie it to Salem, MA.  For those of you who are not acquainted with my new hometown, Salem is in/famous for the Salem Witch Trials (and subsequent executions).  Interesting to relate, the Salem Witch Trials did take place in Salem, but also in Danvers (a town next to modern day Salem that did not have as strong a PR department).

So I went for a blackened case.  The case is blackened titanium and is produced by 3D printing, then polished and finished. 

The pocket watch was then adjusted and inserted into it's new house.  

And although I've seen plenty of display back watches, they have nothing on this -

The watch is secured with a black Horween cordovan strap.

You can, of course, commission your own Vortic watch, but this one is mine ; )

The Boston

From Vortic

Courtesy of Vortic

Seeing as Tempus Fugit is based here in Boston, this seemed like an appropriate watch to feature today.  This is part of Vortic's American Artisan series.

Fort those unfamiliar, Vortic offers a made in America watch by creating a titanium case via 3D printing technology to offer something that harnesses some leading edge US manufacturing technology.  But it is important to understand that while the team at Vortic is creating a somewhat "new fangled" watch case, the heart of the Vortic Boston is a restored vintage Waltham pocket watch movement.

Courtesy of Vortic

Here are the pertinents, straight from the source -

Watch Specs

• Manufacturer: Vortic Watch Company
• Product Year: 2017
• Warranty: Vortic 2-Year Revolving Warranty
• Watch Dimensions: 
  • Diameter = 46mm
  • Height = 12mm
  • Lug-to-Lug = 55mm
  • Lugs = 22mm
• Case Finish: Raw Titanium
• Crown/Hardware: Knurled Raw
• Crown Location: 3 O'Clock (Hunting)
• Water Resistance: 1 ATM
• Crystals: Anti-Fingerprint Gorilla Glass
• Case Back: Exhibition, Stainless Steel
• Hands: Original Blued Steel
• Strap: Leather

Movement Specs

• Original Manufacturer: Waltham Watch Company
• Jewels: 17j
• Size: 12s
• Function: Manual Wind
• Power Reserve: 36-42 Hours
• Finish: Nickel

The Boston

From Vortic -

Courtesy of Vortic

As I have now relocated to just north of Boston, it seemed fitting to turn to a Boston model from Vortic.

Here are the pertinents -

Watch Features:

This watch features a water-resistant, titanium 3D printed case with a raw, matte finish. The colonial-sized movement correlates to Vortic's 46mm case diameter and the mechanics of the movement are visible through the Gorilla Glass crystal of the exhibition style, stainless steel back. The open face configuration movement places the small seconds at 6 O'clock with the crown at 12 O'clock.
The original, blued steel, "kite" style hands point to an excellent condition metal dial with raised gold numerals. This watch is especially unique due to its digital seconds readout. Instead of a normal small seconds dial and hands, the main dial has a window showing a spinning seconds dial moving at the pace of a normal seconds hand. This is called a digital seconds readout, and it is fairly rare among pocket watches.
Watch Specs
Manufacturer:  Vortic Watch Company
Production Year:  2017
Warranty:  Vortic 2-Year Revolving Warranty
Serial:  2WO1217032
Dimensions: 

• Diameter = 46mm
• Height = 12mm
• Lug-to-Lug = 53mm
• Lugs = 22mm

Case Finish:  Raw Titanium
Crown/Hardware:  Round, Nickel
Crown Location:  12 O'clock
Water Resistance:  1 ATM
Crystals:  Anti-Fingerprint Gorilla Glass
Case Back:  Exhibition, Stainless Steel
Hands:  Original Blued Steel, Kite
Strap:  Leather, Tan

Movement Features:

1931 Waltham Digital No. 1235

Originally produced by the Waltham Watch Company in 1931, this "No. 1235" grade movement is actually a colonial-sized movement making it slightly wider and thinner than an average 12 size movement. The Colonial sizes would eventually claim the title of thinnest production movement in the United States with later models. This particular movement is set up for a digital seconds readout making it relatively difficult to find.

From a Waltham advertisement: "Accuracy in time-keeping is obtained in no other way than from extreme accuracy in the manufacture of each separate part. [Colonial sizes are] extremely thin at no sacrifice of accuracy."

The movement has nickel plated bridges and main plate decorated with elegant damascening and circular graining, a fully jeweled gear train (17 jewels) with gold jewel settings, adjustment to positions, and an iconic Waltham split-plate design.
Movement Specs
Original Manufacturer:  Waltham Watch Co.
Estimated Production Year:  1932
Serial:  27320660
Grade:  No. 1235
Jewels:  17j
Size:  Colonial
Run Quantity:  2999
Total Production Volume:  81499
Function:  Manual Wind
Power Reserve:  36-42hrs
Finish:  Nickel
Decoration:  Damascening, Circular Graining, Gold Jewel Settings
Performance:  Adjustment for positions

The Chicago World Champions Edition

From Vortic -

Courtesy of Vortic Watch Company

Now, being from Cleveland, it is safe to say that the World Series was a tough one for some of us to swallow.  But, in fairness, the devoted fans of the Chicago Cubs have been waiting just a little bit longer than we have, and are very deserving of this years championship!

And it seems that feeling was shared by the folks at Vortic, who have put together a watch (along with a pretty nifty pen) to celebrate this wonderful accomplishment.

I have to say that I like the way that they have gone about this.  Tasteful, retro (not hipster, thank God), design elements have provided a watch and pen set full of emotion without any cheesy irony.  So all you tragic "heritage brand" hipsters out there - THIS IS HOW TO DO IT RIGHT!  I am quite impressed by the concept, the look and detail of the watch, and the sincere restraint.  Finally a watch brand has created a commemorative that is actually something you will want to wear (and write with) on an every day basis.

As I have not gotten to see this in person, I am going to rely on the info provided by the folks at Vortic -

Courtesy of Vortic Watch Company

It's been 108 years since the Chicago Cubs won the World Series, and a World Championship win deserves commemoration. Vortic Watch Company is in a prime position to build an unparalleled collaboration set for the watch/pen loving Cubs fan. 

In 1907 and 1908, the Elgin National Watch Company (located just outside Chicago) produced a number of beautiful pocket watches. These are also the years that the Chicago Cubs won their only other World Series', back to back.

Courtesy of Vortic Watch Company

Vortic has collaborated with Hooligan Pen Company to bring you the Chicago World Champions Edition Gift Set; a hand-crafted fountain pen made with wood from 1930's Wrigley Field seats paired with an American Artisan Series 2.0 watch powered by an original Elgin movement from 1907 or 1908 and a strap made from vintage baseball gloves.

The Gift Set Includes:

• A one of kind American Artisan Series watch
  • Built using an Elgin pocket watch movement originally made in either 1907 or 1908. • Available in two sizes, 16size (51mm) and 12size (46mm)
  • Includes personal design consolation with one of Vortic's founders
  • Multiple case colors, hardware options and strap choices available
  • Comes with hand made strap cut from a vintage baseball glove
  • One of only 10 limited edition pieces to be built
  
• A hand crafted, one of a kind fountain pen made using historical wood from original early 1900s Wrigley Field seats.
  • Made entirely by hand in California by master pen maker Tim Cullen • One of only 10 limited edition pieces to be built
  
• A handcrafted wooden display case with cork in-lay
  

• Custom engraving available for personalization

• A choice of American made ink for the historical writing instrument 
  
  
  Further details and ordering information can be found here -
  
  Chicago World Champions Edition