Majors
|
|
|
Sterling files copyright suits over Jane Seymour line
By Teresa Novellino
June 02, 2009
|
| Sterling Jewelers has filed a lawsuit over its copyrighted "Open Hearts by Jane Seymour" jewelry line, promoted here by actress Seymour, who conceived the designs herself and has an exclusive deal with Sterling. |
|
|
New York--The consumer lovefest over the popular "Open Hearts by Jane Seymour" jewelry line has led to a copyright tussle in federal court.
Sterling Jewelers has filed two separate copyright-infringement lawsuits over the hot-selling line, which the award-winning actress, through the company Catfish Productions, granted Sterling an exclusive license to manufacture, distribute and promote.
One suit was filed against GoldStar Jewellery, claiming the Mumbai, India-based manufacturer, a Diamond Trading Co. sightholder with offices in New York, intentionally copied two necklaces from the Open Hearts line. Another suit was filed in bankruptcy court against Ultra Stores, claiming the retail chain (which is currently operating under Chapter 11 bankruptcy protection) sold the alleged knockoff necklaces produced by GoldStar at its stores and on its Web site.
Both suits demand that Ultra and GoldStar stop copying, reproducing and distributing the copyrighted designs and provide damages to Sterling.
The lawsuit against GoldStar, filed on May 28 in the U.S. District Court for the Southern District of New York in Manhattan, claimed that "GoldStar, deliberately trading off the success of the 'Open Hearts by Jane Seymour' jewelry collection, has intentionally copied, reproduced, distributed and sold unauthorized copies of the copyrighted designs...to jewelry retailers in violation of Sterling's exclusive rights under the Copyright Act."
The suit claims that GoldStar sold its copies to Ultra, a jewelry chain store competitor that operates 150 U.S. stores, which made the copies of its necklaces available for sale on both its Web site and in its retail stores.
The necklace designs, one in all silver, and the other fashioned in silver or gold and accented with diamonds, are slightly tweaked, "derivative works" of Seymour's designs, but there's no mistaking the influence, according to the suit.
"GoldStar went so far as to divide Ms. Seymour's necklace design into two components and then reattached them together, in doing so changing the orientation of one component with respect to the other. In the manner just described, Gold Star created a necklace design than an ordinary observer would find substantially similar to the copyrighted designs," the complaint states.
A message left for GoldStar seeking comment on the suit was not returned at press time.
For Exhibit C in the lawsuit against GoldStar, Sterling shows an image allegedly taken of Ultra Diamonds' Web page promoting specials for Mother's Day, including a "Double Open Heart" sterling silver pendant with diamonds totaling 0.15 carat, offered at $129, and an "Open Heart" pendant in 14-karat gold with diamonds totaling 0.33 carat, which is being promoted at a price of $399.
The lawsuit filed against Ultra in U.S. Bankruptcy Court for the Southern District of New York in Manhattan cites "unfair competition" and seeks damages against the Chicago-based chain for the alleged infringement.
"Ultra's willingness and deliberateness in attempting to unfairly divert to itself the commercial success obtained by Sterling for the Jane Seymour designs is further demonstrated by Ultra's adoption of the 'Open Your Heart' slogan and its placement of that slogan adjacent to the images of its necklaces on its Web site home page," the suit says.
Ultra did not immediately return calls for comment.
Sterling says in the lawsuit that its gross revenues from sales of the copyrighted Open Hearts designs have "reached several million dollars" since the line was launched in April 2008.
Sterling, which operates 1,400 U.S. retail jewelry stores, including Kay Jewelers, Jared The Galleria Of Jewelry, Belden Jewelers, J.B. Robinson Jewelers, plus other regional brands, brought in $2.5 billion in overall sales for the fiscal year ending Jan. 31, 2009.
"We cannot tolerate any attempt by others to ignore the legal and ethical premise of copyrights," Mark Light, president and chief executive officer of Sterling Jewelers, said in a statement issued after the lawsuit was filed. "Copyrights exist to protect the rights of designers against those who would profit illegally from their work. As part of our commitment to our partnership with Ms. Seymour, we will take all actions necessary to protect the value and integrity of our designs."
Seymour, perhaps best known for her starring role as Dr. Quinn in the TV drama Dr. Quinn, Medicine Woman, has also enjoyed success as a painter, and has said that her "Open Hearts" jewelry design was inspired by one watercolor she created that represented two open hearts, joined at the side. Since Seymour began collaborating with Sterling, her Open Hearts design has expanded and has been incorporated into pendants, earrings, bracelets and rings, some with diamonds and others without, offered in sterling silver and gold.
|
|
Majors
New York--Things are looking up for luxury goods in general, and jewelry, in particular, according to the latest statistics for the month of October released by SpendingPulse, an information service provided by MasterCardAdvisors. Read More
|
Small multi video player located on right rail of NJN site
|
Save
E-mail
Print
Most Popular
RSS
Reprints
