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Sterling settles Jane Seymour copyright suit

By Teresa Novellino
September 01, 2009
Sterling Jewelers has settled a copyright lawsuit filed over its "Open Hearts by Jane Seymour" jewelry line, which includes this gold and diamond necklace.

New York--Sterling Jewelers has settled a copyright lawsuit with India-based manufacturer GoldStar Jewellery in which the retailer claimed the jewelry-maker intentionally copied two necklaces from its popular  "Open Hearts by Jane Seymour" jewelry line.

In response to the original lawsuit, filed on May 28 in U.S. District Court for the Southern District of New York in Manhattan, GoldStar had asserted that any infringement was not intentional.

But a court order signed on Aug. 14 said that the manufacturer, a Mumbai, India-based manufacturer and a Diamond Trading Co. sightholder with offices in New York, had nonetheless infringed on Sterling's copyrighted designs for the Open Hearts necklace in silver with diamonds and the Open Hearts necklace in gold with diamonds.

"By its actions complained of in the complaint, Goldstar, without authorization, reproduced and distributed the copies of the copyrighted designs in violation of Sterling's exclusive rights," the judge's ruling said, adding that, "Goldstar asserts that its violations of Sterling's exclusive rights were inadvertent."

The order prohibits Goldstar, and any of its domestic and foreign subsidiaries, from "using any counterfeit, simulation, reproduction, copy or colorable imitation of the copyrighted designs," and from importing, exporting or otherwise promoting or selling those designs.

It also orders Goldstar to pay Sterling an amount set forth in a settlement agreement within five days of the issuance of the order. The amount of the payment was not disclosed in court papers.

Seymour, the award-winning actress who appears in commercials promoting the jewelry for Sterling's Kay Jewelers, had granted Sterling an exclusive license to manufacture, distribute and promote the line through her company, Catfish Productions.

In a statement, Sterling said it has simultaneously settled a parallel lawsuit it had filed against Ultra in the United States Bankruptcy Court for the Southern District of New York. Sterling had alleged that the Chicago-based jewelry retail chain Ultra had sold in its stores the infringing necklaces produced by GoldStar.

Ultra, which was operating in Chapter 11 bankruptcy protection when the suit was initially filed, has since emerged. Under the agreement, it will no longer market or sell the copyrighted designs.
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