Merit Protects its Copyrighted Jewelry Designs

By JCK Online Staff -- JCK Online, 1/6/2009 12:53:00 PM

Sirena Solitaire yellow pendant A federal district court has issued a temporary restraining order for two jewelry chains to discontinue sales and promotion of products that are under a copyright dispute, according to court documents.

In response, the two chains, Samuels Jewelers, Inc. and Rogers Ltd., Inc., both owned by India-based Gitanjali Group, said they will discontinue sales of the disputed items and remove the items from all of their advertising and marketing programs.

The order was issued by the U.S. District Court for the Southern District of Florida on Dec. 29. Diamond jewelry manufacturer Merit Diamond Corp. filed the motion on Dec. 22 arguing that the two chains were marketing and selling pendants that infringe on their copyrighted products.

Sirena Three Stone pendant Both chains were once customers of Merit and were successful at selling products from Merit’s copyrighted Sirena Collection, until they were purchased at different times by Gitanjali.

Not long after a diamond jewelry manufacturer and retailer Gitanjali purchased the two companies (Samuels in December, 2006, and Rogers in November 2007), Merit argues that those chains began selling pendants that were “identical to, and/or substantially similar to” the copyrighted designs of its three stones pendant and solitaire pendant, both part of the Sirena Collection, according to court documents.

Merit requested a permanent restraining order but expressed satisfaction over the temporary order.