 Two Midwest chain retailers have been issued a restraining order following a lawsuit filed by Merit Diamond Corp., which claims that the chains have been selling copyrighted designs and claiming them as their own. The New York-based Merit Diamond requested that the US District Court in Miami grant a temporary restraining order against Samuels Jewelers and Rogers Jewelers—both of which are owned by the Indian Gitanjali Group, stopping sales of several jewelry designs. The lawsuit also asks that any catalog or advertising that contains images of the disputed designs be pulled. On December 22, 2008, an attorney for the defendants said that they “disagree with the plaintiffs regarding the merits of the suit” (National Jeweler Network), but, nonetheless, agreed to pull the disputed designs on December 26, 2008—conveniently after the Christmas shopping season. The designs--over 600 of them—have been removed from all Rogers and Samuels stores until judgment or a dismissal of the case. The two chains used to carry the “Sirena” Collection, created by Merit Diamond Corp., but stopped after both were acquired by the Gitanjali Group. Soon after, the defendants began selling designs that are, according to court documents, “substantially similar to the plaintiff’s copyrighted works”. The same documents claim that “the only variation…is that the infringing pendants contain a gold lip at the top of the pendants and the helix is reversed”. Merit was involved in a similar lawsuit before, claiming that another jewelry store copied their “Sirena” Collection. As a result, “plaintiff has successfully obtained injunctive relief from a New York District Court enjoining other nationwide retailers from selling copies of plaintiff’s “Three Stone” pendant”. Merit Diamond Corp. is confident that this lawsuit will have the same result, and all diamond jewelry designs similar to theirs being sold by Samuels and Rogers Jewelers will be forever removed from their shelves, catalogs, and advertising.
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877-826-9866
877-826-9866
