Boston-based Hearts On Fire Company is suing Alexander Waldman Company for copyright infringement over its “Hearts for Eternity” brand.
The suit also charges that the brand constitutes deceptive advertising and unfair trade practices under New York law.
Hearts On Fire is asking the U.S. District Court to enjoin Waldman from using “Hearts for Eternity” or similar marks and is seeking $5 million in lost profits, corrective advertising expenses, and attorney’s fees.
Hearts On Fire CEO Glenn Rothman says the lawsuit is a sign the company will forcefully protect its intellectual property rights in court.
Waldman has filed a countersuit in response, charging that the lawsuit is meant to impede the rollout of its stones.
“As knowledgeable customers and people in the industry are aware, however, the term ‘hearts and arrows’ is a generic name of a certain category of diamonds,” said a Waldman statement. “It is unfair and improper for Hearts On Fire or anyone else to claim monopoly rights to the term ‘hearts’ when used as part of a brand name for ‘hearts and arrows diamonds.'”
Waldman is suing to cancel Hearts On Fire’s trademark registrations on the grounds that the company never disclosed the generic nature of the term “hearts.”