Designer Jewelry, Knock-Offs, and IP Infringement: Copyright, Trademark, and Trade Dress Protection and Claims

Description

Under copyright law, the IP owner does not need to register the work to receive protection, registration is evidence of the work's originality. It is also necessary to sue in federal court and force the alleged infringer to demonstrate that the work is unoriginal or cannot be copyrighted. The substantially similar test puts designers on notice that their jewelry designs, even if inspired by famous designers, need to be distinguishable or infringement concerns will likely arise.

Once the federal district court in Van Cleef & Arpels Logistics, S.A. v. Landau Jewelry concluded a design was copyrightable, it evaluated whether the allegedly infringing design was substantially similar to the copyrighted design using the two-part test: are the objective details of the knock-off design substantially similar to the original designer and would an ordinary observer view the knock-off's concept and feel as substantially similar to the original.

Further, more jewelers are selling their jewelry on online platforms, such as Etsy. Copyright protection is critical to guard against being copied in online marketplaces. Copyright registration also permits designers to issue DMCA takedown notices with online platforms.

Trademark and trade dress law also may offer protection, but there are obstacles, such as functionality, which must be overcome.

Listen as our authoritative panel of IP attorneys analyzes copyright, trademark, and trade dress law as applied to knock-off jewelry. The panel will address what is needed to establish a claim under each area of law and provide practical tips to avoid legal problems.