New York-based jewelry brand Verragio has filed a lawsuit against The Art of Jewels and Fine Art LLC, accusing the San Francisco-based retailer of copying its engagement ring and wedding band designs. The lawsuit was filed on July 26 in the U.S. District Court for the Northern District of California, alleging copyright infringement, trademark counterfeiting and infringement, and unfair competition.
Details of the Allegations
The Art of Jewels, established in 1990 and billing itself as the “#1 Lab Grown Diamond Marketplace” in the United States, is accused of producing and selling jewelry that allegedly replicates Verragio’s distinctive designs. Verragio, led by founder and CEO Barry Nisguretsky, known as Barry Verragio, claims that these designs, including the trademarked “Verragio Crest,” have been unlawfully copied.
Court documents provided by Verragio include screenshots comparing several of its rings with those sold by The Art of Jewels, highlighting the alleged similarities. The company asserts, “Verragio’s federally registered Verragio Crest trademark is a unique and distinctive design which Verragio incorporates into its jewelry designs to distinguish its products and designate a single source of origin.”
Impact on Verragio and the Market
Verragio claims the alleged infringements have “irreparably harmed” its business and caused confusion among consumers. The lawsuit seeks a permanent injunction to prevent The Art of Jewels from producing and selling the contested designs and demands a trial by jury.
Ongoing Commitment to Intellectual Property Protection
This legal action is part of Verragio’s ongoing efforts to protect its intellectual property. In 2017, the company issued 30 cease-and-desist letters and initiated 10 lawsuits over a period of 18 months to combat similar instances of design imitation. “Verragio is unwavering in its commitment to safeguarding our intellectual property, empowering our valued retailer partners with the confidence to exclusively showcase the unique and innovative Verragio brand,” Nisguretsky stated.
Implications for the Jewelry Industry
This lawsuit highlights the challenges jewelry designers face in protecting their intellectual property. The case outcome could set a precedent for future disputes, emphasizing the importance of securing and defending design copyrights and trademarks. For jewelers, staying informed about intellectual property laws and ensuring compliance can help mitigate infringement risks and support a fair marketplace for original designs.
