The Lion Fails in Court Bid Against the Spirit
Gary Roskin , G.G., FGA -- JCK Online, 2/1/2001 2:00:00 AM
A lawsuit brought by Antwerp diamond cutting firm Rosy Blue, manufacturer of the Lion cut, against Antwerp-based Diamwag, creator of the "Spirit of Flanders" cut, has been dismissed, according to Pascal Eggermont, lead attorney for Rosy Blue. (See "Chase to the Cut," JCK May 2000, p. 126, and "Lion's Share to be Decided," JCK October 2000, p. 64.)
The Belgian Court of Appeals, ruling in summary proceedings on Nov. 11, 2000, rejected the claim that Diamwag had usurped Rosy Blue's Lion cut design patent. Diamwag did not formulate a countersuit.
In its ruling, the Court of Appeals decided that it couldn't evaluate the technical differences between the Lion cut and the Spirit of Flanders. Rosy Blue's attorney will be examining the 'differences' more thoroughly, and future legal proceedings are possible.
In the meantime, Rosy Blue and Diamwag will continue to manufacture their exclusive diamond cuts. The Spirit of Flanders cut is produced exclusively for Independent Jewelers Organization (IJO) members.
