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Merit settles design lawsuit with Rogers, Samuels

February 26, 2009

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Miami--Merit Diamond Corp. and the two chain retailers that it sued over diamond jewelry designs have all agreed to dismiss the suit, court records show.

The dismissal, filed Feb. 24 in U.S. District Court for the Southern District of Florida in Miami, came after Merit Diamond Corp. says it reached a settlement with defendants Samuels Jewelers and Rogers Ltd.

Both owned by Indian manufacturer and retailer Gitanjali Group, Rogers and Samuels operate jewelry stores in the Midwest.

Filed late last year, the lawsuit claimed that the Rogers and Samuels chains sold a number of pieces of diamond jewelry that infringed upon the copyrighted design of Merit's "Three Stone" and "Solitaire" diamond necklaces, which are part of the manufacturer's Sirena Collection.

In December, Merit won its request for a temporary restraining order barring both chains from selling or advertising the disputed designs.

While court filings do not flesh out details, according to Merit, the settlement dictates that Rogers and Samuels have agreed to discontinue selling and advertising all of the disputed designs and they must destroy any that remain in stock. In addition, Rogers and Samuels have paid Merit all of their profits from sales of the pieces in question and will cover Merit's attorneys' fees in the case, according to Merit.

Gitanjali did not respond to requests to confirm those details or to comment on the settlement of the lawsuit.
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