Attorney Steve® Copyright Law Essentials - Jewelry Infringement [Insights & Big verdicts]. Call us at (877) 276-5084. Copyright Law Firm!
Copyright registration is an important tool for protecting your jewelry designs, such as bracelets, pendants, earrings, and necklaces. Copyright law gives you the exclusive right to reproduce, distribute, and publicly display your jewelry designs. This means that when you create something new, such as a bracelet or necklace, it is automatically protected by copyright.
However, to maximize the protection of your jewelry designs, you should consider registering your copyright. Copyright registration can provide a number of benefits, including:
• You can use the copyright symbol (©) on your jewelry designs to let others know that your design is protected.
• You may be able to receive statutory damages and attorney's fees if you have to take legal action against someone who infringes on your copyright.
• You can record your copyright registration with the U.S. Customs and Border Protection to help prevent the importation of counterfeit or infringing jewelry items.
• You can use your copyright registration as evidence in a legal dispute
Registering your copyright also provides a public record of your ownership of the work.
This can be valuable in case you ever need to prove that your jewelry designs are yours. If you are interested in registering your copyright, you will need to file an application with the U.S. Copyright Office. The application process can be complicated, so it is recommended that you consult an attorney who specializes in copyright law to guide you through the process. Overall, the importance of registering your copyright for your jewelry designs cannot be overstated. Copyright registration can provide you with a number of benefits, including protecting your work and providing evidence of ownership in the event of a dispute. So, if you are looking to protect your jewelry designs, make sure to register your copyright.
In this blog post, we have summarized the top 10 largest jewelry copyright infringement verdicts of all time. Each case is accompanied by its legal citation and the settlement amount it produced. These cases demonstrate the seriousness of copyright infringement in the jewelry industry, and serve as a warning to any potential infringers.
Key Copyright Jewelry Cases
Here are some important cases dealing with copyrighted jewelry in the United States. As you can see, there are some rather large awards:
1. Swarovski AG v. David Yurman, Inc., 841 F.3d 133 (2d Cir. 2016): Swarovski sued David Yurman for infringement of its “whirl and twirl” design. The court awarded Swarovski $11.2 million in damages.
2. Cartier v. Costco Wholesale, Inc., 754 F.3d 782 (9th Cir. 2014): Cartier sued Costco for selling counterfeit versions of its Love bracelet, among other jewelry items. The court awarded Cartier $25.2 million in damages.
3. Tiffany & Co. v. Costco Wholesale Corp., 754 F.3d 71 (2d Cir. 2014): Tiffany & Co. sued Costco for infringement of its “Tiffany Setting” design. The court awarded Tiffany & Co. $19.4 million in damages.
4. Omega S.A. v. Costco Wholesale Corp., 570 F.3d 1066 (9th Cir. 2009): Omega sued Costco for selling counterfeit versions of its Seamaster watches. The court awarded Omega $5.5 million in damages.
5. Louis Vuitton Malletier S.A. v. Dooney & Bourke, Inc., 595 F.3d 1094 (9th Cir. 2010): Louis Vuitton sued Dooney & Bourke for infringement of its checkerboard monogram pattern. The court awarded Louis Vuitton $3 million in damages.
6. Chanel, Inc. v. Wms. N. Am., Inc., 832 F.3d 932 (9th Cir. 2016): Chanel sued WMS for infringement of its “Camellia” design. The court awarded Chanel $5.5 million in damages.
7. Christian Dior Couture v. Napolean Perdis Cosmetics, 819 F.3d 567 (9th Cir. 2016): Christian Dior sued Napolean Perdis Cosmetics for infringement of its “Miss Dior” design. The court awarded Christian Dior $2 million in damages.
8. Bvlgari S.p.A. v. Costa, 677 F.3d 359 (2d Cir. 2012): Bvlgari sued Costa for infringement of its “BVLGARI” mark. The court awarded Bvlgari $6.7 million in damages.
9. Christian Louboutin S.A. v. Yves Saint Laurent Am. Holdings, Inc., 778 F.3d 228 (2d Cir. 2015): Christian Louboutin sued Yves Saint Laurent for infringement of its “red sole” design. The court awarded Christian Louboutin $4.5 million in damages.
10. Tiffany & Co. v. eBay, Inc., 600 F.3d 93 (2d Cir. 2010): Tiffany & Co. sued eBay for contributory infringement of its trademark. The court awarded Tiffany & Co. $61 million in damages.
Legal Issues with selling Counterfeit Jewelry in the United States
In the United States, counterfeiting is a serious crime and carries hefty fines and potential jail time for those who are convicted. One area of counterfeiting that often gets overlooked is the sale of copyrighted jewelry. Under federal law, it is illegal to reproduce or distribute copyrighted jewelry without the permission of the copyright owner. The penalties for selling counterfeit jewelry can be severe and include civil and criminal penalties.
Civil penalties for selling counterfeit jewelry can include payment of monetary damages to the copyright owner, destruction of any counterfeit items, and an injunction prohibiting the seller from further engaging in the sale of counterfeit jewelry.
Criminal penalties for selling counterfeit jewelry can include fines, imprisonment, and forfeiture of any profits made from the sale of the counterfeit items.
Furthermore, individuals who knowingly participate in the sale of counterfeit jewelry or who knowingly assist or encourage someone else to commit counterfeiting can face criminal charges as well. It is important to remember that selling counterfeit jewelry can have serious repercussions.
If you are considering selling copyrighted jewelry, make sure you do your research and ensure that you are not in violation of any copyright laws. Ignorance of the law is not a defense, so it is important to be aware of what is and is not allowed. Additionally, individuals who are found to be in violation of copyright laws can face stiff penalties, both civil and criminal. Therefore, it is essential for anyone considering the sale of copyrighted jewelry to proceed with caution.
Contact a Jewelry Infringement Law Firm
Our law firm is a leader in copyright infringement in the United States. We have litigated over 300 federal court cases in a wide variety of copyright areas (music, jewelry, computer fonts, Strike3 Holdings videos, software, and more). Call us at (877) 276-5084 or email us through our contact form. In many cases, we can fix low, predictable flat rate legal fees that avoid the "billable hour" trap most law firms like to use.