Scott Kay wins round two in Tacori lawsuit

by eyetee | July 18, 2011 12:04 pm

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U.S. bridal company Tacori has lost its bid for a preliminary injunction against competitor Scott Kay over alleged copyright infringements.

A U.S. court has denied wedding ring manufacturer Tacori a preliminary injunction against Scott Kay over its ‘Heaven’s Gates’ collection.In her ruling, Judge Dale S. Fischer of the U.S. District Court for the Central District of California denied the motion, saying Tacori’s arguments did not meet the legal standard for a preliminary injunction.

“The plaintiff failed to establish it will suffer irreparable harm absent injunctive relief, that the balance of the equities tips in its favour, or that an injunction would be in the public’s interest,” she wrote in her decision.

The ruling comes four months after the same court denied a restraining order against Scott Kay and Tacori’s claim that his ‘Heaven’s Gates’ collection infringed on its ‘reverse crescent’ copyrights.

“My ‘Heaven’s Gates’ collection is a very personal and spiritual jewellery design that expresses my vision of faith, protection, and commitment,” he said. ‘Heaven’s Gates’ is an original design inspired by the importance I place on spirituality in my work. There is nothing more insulting to a designer like me, who has been consistently recognized by my customers and the industry for innovative, spiritual, and original designs, to be accused of copying another’s work. The court’s July 1, 2011 decision, like its prior decision in March denying Tacori’s motion for a temporary restraining order, validates the innovation and originality of my Heaven’s Gates design. We will continue to vigorously defend against the allegations in this lawsuit.

“In a footnote to her decision, the judge stated she examined the rings, finding “the court need not address the scope of the range of expression on the plaintiff’s copyrighted rings because, after reviewing the rings in person, it does not believe a jury would consider the rings to be substantially similar, let alone virtually identical.

“Tacori’s president of marketing and sales, Paul Tacorian, says the company will continue its fight, adding the court determined it has valid and original copyrights. The judge also found Scott Kay had reasonable access to view its rings at trade shows he attended.

“Although the court has denied our motion for a preliminary injunction, the ultimate decision will be made by a jury,” he said. “We look forward to taking this case to a jury of ordinary people, which we believe will find Scott Kay’s rings are indeed so similar in concept and feel to Tacori rings that they do indeed infringe on Tacori’s valid copyrights.

“Tacorian said the company will continue to protect its copyrights, trademarks, and trade dress rights in its jewellery designs.

Source URL: https://www.jewellerybusiness.com/news/scott-kay-wins-round-two-in-tacori-lawsuit/

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