Sterling Jewelers Accuses JCPenney for Copying Seymour Line
Ask the retailer to stop selling items...Sterling Jewelers recently sent JCPenney a pair of letters asking the retailer to stop selling items that it claims are similar to Sterling's Jane Seymour collection.
“JCPenney Corporation Inc. is copying, reproducing, and/or distributing jewelry that is substantially similar to the Jane Seymour Designs without authorization and therefore is in violation of federal copyright law,” said a November 16 letter signed by attorney John J. Cunniff, whose firm, Hahn Losers & Parks, represents Sterling in matters of intellectual property law.
A follow-up letter from Cunniff on November 30 asks that JCPenney “permanently cease and desist from copying, reproducing, and/or distributing any and all unauthorized copies of the Jane Seymour Designs and any jewelry variations thereof.”
The letters were made public in a lawsuit against Sterling filed by L.A. Gem & Jewelry Design, the jewelry's manufacturer, in United States District Court, Central District of California, on December 15.
In its suit, L.A. Gem & Jewelry says its designs do not infringe on the Seymour line and charges Sterling’s letters have caused it to “suffer substantial injury and damage.
“Defendants apparently take the view that they are entitled to ownership of all interconnected hearts, irrespective of shape, configuration, element placement, element ornamentation, element orientation, element distance, or any other reasonable measurement of similarity,” said the L.A. Gem suit.
“Prior to the date of Defendants’ purported creation, third parties developed and first introduced interconnected hearts or an ‘Open Heart,’ wherein a portion of one of the heart’s sides has been removed. For example, Tiffany & Co.’s ‘Eternity Heart’ pendant is substantially similar to Defendants’ ‘Open Hearts’ design in terms of orientation.”
In September 2009, Sterling settled a lawsuit with GoldStar Jewellery and Ultra Stores for alleged infringement of the Seymour line.
Sterling and JCPenney did not respond to requests for comment at press time.
By: JCKonline
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