Jewellery manufacturer JewelPops has filed a lawsuit against U.S. retailer Helzberg Diamonds, claiming it is infringing on its copyrights and trademarks.
“This case is about healthy competition,” said JewelPops’ founder and president Robert Smith. “If our industry cannot provide unique and innovative products, consumers will spend what little disposable income they have elsewhere. Competition through creativity and innovation is therefore critical to the health and vitality of the jewellery business.”
The case comes about a month after JewelPops sued U.S. manufacturer Royal Chain on similar grounds.
Papers filed in the U.S. District Court for the District of Maine accuse Helzberg Diamonds of selling products that infringe on JewelPops’ copyrights, including at least 36 designs for interchangeable jewels called ‘Pops’ and six settings.
The allegations claim the retailer violated trademark law by promoting its ‘Pop Expressions’ line with terms like ‘Pops’ and ‘Jewel Pops.’
The lawsuit also alleges Helzberg Diamond’s line is likely to confuse consumers with JewelPops’ Kameleon jewellery.
“Copyright and trademark law is intended to promote a competitive and diverse marketplace by rewarding those who innovate and discouraging those who copy,” said JewelPops’ lawyer James Goggin of the law firm Verrill Dana, LLP.
“Copying can include directly stealing a design or mimicking the overall look and feel of a product, trademark, and packaging to confuse consumers into thinking that one product is the same, or related to another.”
Smith says copying another’s designs stifles the creation of innovative products.
“Our fight against this trend [of copying] continues,” he adds. “With the support of our more than 1000 independent retailers across the United States, we expect to prevail and our industry will be better off in the process.”
