Designing and creating jewelry is a form of art and each piece is unique. It’s important to protect your creation in the event that another person or company attempts to copy your original designs or processes.
Feldman Law Group has considerable experience helping jewelry companies solve intellectual property disputes. Our firm represents some of the most prestigious and inventive jewelry companies in the world.
The best time to think about protecting yourself against creative thieves is before it happens. U.S. intellectual property law offers several ways to protect your jewelry business and unique designs. Feldman Law Group has extensive experience helping jewelry companies develop effective strategies for protecting their creations.
One of the best ways to protect your creations is to obtain a copyright. Copyright protects artistic expressions like jewelry, and they’re easy to obtain. You can copyright a single necklace or bracelet or an entire collection or catalogue. Once you own a copyright registration, you have the exclusive right to produce your unique design. Copyrighting your jewelry designs is one of the most effective ways to stop others from copying your design.
If you identify your jewelry through a unique name or logo, you can protect these logos by obtaining a trademark registration. Trademark registrations are based on use of your name or logo and are easy to obtain. If you are the first to use the name or logo, with our help, you can prevent other companies from trading on your name or using a similar name that will confuse consumers.
Another way to protect your jewelry creations and jewelry-making processes is through a patent. If you have invented an original way to create, mold, design, or construct jewelry, you may be eligible for a patent. A jewelry patent can cover either the functional process of constructing jewelry, or it can cover a unique non-functional design. If you obtain a patent, you have the exclusive right to the process or design covered by the patent. The patent will protect you against infringers who are using your method or design.
Opposition to Trademarks and Patents
Jewelry companies can also protect themselves against unfair competition by careful monitoring of the intellectual property protections sought by other jewelry companies.
It is possible to oppose trademark registrations filed by other companies. For example, Feldman Law Group represented the Jeweler’s Vigilance Committee, a trade organization that fights for integrity in jewelry marketing. A company was attempting to register the trademark “Karat Platinum” for jewelry that was not solid platinum and contained no gold. With our help, the committee objected to the registration. Our attorneys collected extensive evidence, including formal consumer surveys, that the phrase “Karat Platinum” was deceptive when applied to non-gold jewelry because the public understands “karat” to be a measure of gold only. In the end, the U.S. Patent and Trademark Office refused to register the deceptive “Karat Platinum” mark.
Contact our Intellectual Property Attorneys
If you want to secure or enforce intellectual property rights relating to your jewelry business, contact an intellectual property attorney at Feldman Law Group. Our initial consultations are free, and we can outline the options available to you. Contact us today at 212.532.8585 or complete our online contact form.