JewelPops alleges copyright infringement against Royal Chain

by eyetee | September 19, 2011 12:44 pm

[1]

Jewellery manufacturers JewelPops and Royal Chain are headed to court over allegations of copyright infringement.

In a suit filed in the U.S. District Court for the Southern District of New York, JewelPops says Royal Chain and some of its executives have intentionally infringed copyrights and trade dress they own by copying more than 100 Kameleon collection designs.

The allegations pertain to Royal Chain’s recently released silver and magnetic ‘Karisma’ line.

“Too often in our industry, creativity and innovation are trampled down by those who seek to capitalize on the hard work and success of others,” said JewelPops founder and president Robert Smith. “We are bringing this case to not only vindicate our rights, but vindicate the hard work and commitment of more than 1000 independent retailers and 100 sale representatives who have made the Kameleon brand what it is today.”

James Goggin, attorney for JewelPops, says U.S. copyright law protects original jewellery designs.

“The law also prohibits competitors from copying the overall look of the product, including marketing materials, accessories, logos, and slogans,” said Goggin of the law firm Verrill Dana, LLP. “Those who are found to be selling infringing merchandise, either wholesale or retail, could face civil penalties and monetary damages.”

Court documents also state Royal Chain intentionally tried to mimic the overall look of the Kameleon line with similar marketing materials, accessories, and logo.

“The net effect of Royal Chain’s infringement, according to the court papers, is to intentionally create confusion in the marketplace and to unfairly compete with Kameleon,” the company said in a press release.

Royal Chain says its line is “fundamentally different from that of JewelPops,” particularly when it comes to a magnetic system it uses.

“Royal Chain has provided interchangeable and personalized jewellery for many years, and the concept is not an innovation of or patented by JewelPops,” the company tells Jewellery Business. “The interchangeable tops that Royal Chain offers are our own designs that have been created from the Royal Chain extensive design archives of over the last 35 years of continuous business. The Royal Chain Karisma jewellery is a natural evolution and follows the success of our ‘Personality Jewelry’ line. The reputation Royal Chain has maintained in the industry has always been at the highest level, and recognized by the jewellery trade for over 35 years of experience and excellence.”

Source URL: https://www.jewellerybusiness.com/news/jewelpops-alleges-copyright-infringement-against-royal-chain/

---