Jewelry manufacturer Tacori said in a statement Tuesday that a United States district judge has approved a consent judgment and permanent injunction that acknowledges the validity of copyright and trade dress protections for rings designed by Tacori, and requires an Ohio-based manufacturer to pay $650,000 in attorney fees and disgorgement of profits.
The order by Judge Kathleen M. O’Malley of the U.S. District Court, Northern District of Ohio, permanently enjoins Rego Manufacturing of Bucyrus, Ohio, from copying Tacori products, or infringing on the trade dress of Tacori, according to the statement.
The settlement also found that Rego non-willfully infringed on Tacori copyrights when it purchased certain rings from Beverlly Jewellery Company Ltd., of Hong Kong, according to the statement. The copyrighted rings each contain Tacori’s signature crescent designs.
Tacori is represented Howard A. Kroll of the intellectual property law firm, Christie, Parker & Hale, LLP, based in Pasadena, Calif.
“Tacori is committed to supporting our authorized Tacori retailers who legitimately carry Tacori designs and we want to protect their investment,” said Paul Tacorian, Tacori senior vice president of Marketing & Sales. “The only people who should benefit from the Tacori name and our unique and original designs are our retailers and our clients, who deserve to wear authentic Tacori jewelry with confidence.”
The settlement followed a summary judgment issued by Judge O’Malley against Rego, according to the statement. Rego had argued that Tacori Enterprises’ copyright and trade dress claims were not valid, alleging that the ring designs were not original, and that similar designs have existed “for thousands of years,” according to the statement.
The court rejected this argument, finding that the Tacori ring design was “independently created” and “original” to Tacori, according to the statement. Earlier, Judge O’Malley held that Rego violated its duty under Rule 11 of the Federal Rules of Civil Procedure by relying on fabricated documents, and sanctioned Rego over $40,000.