Tacori Denied Temporary Restraining Order Against Scott Kay

A U.S. District Court Judge for the Central District of
California March 3 denied Tacori a temporary restraining order against some
Scott Kay pieces that Tacori contended infringed on its “reverse crescent”
copyrights.

In the first round of a battle between two trade titans, the
court noted that Tacori is likely ”to establish it owns a valid copyright over
its reverse crescent ring designs.” However, it added that Scott Kay “has
submitted evidence that the purportedly similar elements of the parties’ rings
are standard in this market, so many of these elements are likely not
protectable.”

“Although there are some similarities between the rings, it
appears unlikely that the ordinary, reasonable audience for these rings, which
both parties agree are expensive, would find them substantially similar in total
concept and feel in light of their differences,” the court ruled.

It added that, “if Plaintiff was granted exclusive use of
its Reverse Crescent Trade Dress, it would likely put its competitors at a
significant, non-reputation-related disadvantage.”

Despite this setback, Tacori’s president of sales and
marketing Paul Tacorian vowed to press ahead in a statement to JCK.

“The Court has found that Tacori has valid copyrights,” he
said. “The Court’s decision calls for additional information from consumers,
retailers and trade to prove that the Heaven’s Gate collection is a copy of the
Tacori Reverse Crescent Silhouette. We are in the process of gathering this information and are quite
pleased from the responses we have so far received from our colleagues on this.… Tacori will do everything in our power to ensure that our retail partners,
our consumers and our brand are protected while continuing to be innovative in
design in the jewelry industry.”

Scott Kay could not be reached for comment at press time.

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