Industry Liabilities

Industry Liabilities

Raphael’s Baden Baden, Inc. vs. Drake

My first case deals with Canadian rapper Drake and jewelry designer Michael Raphael Baden Baden. Baden is suing the artist for $50,000 in damages. He claims that Drake copied his iconic owl pendant and manufactured dozens for him and his friends to wear. The twist to all of this is that Drake has been using this owl image along with his OVO brand for years. Turns out that Raphael had been working for Drake and designed the piece exclusively for him and is now seeking compensation.  The case is set to hit court later this year. I believe that Drake should pay Raphael for his services and buy the copyright to the image.

Van Cleef & Arpels vs. Heidi Klum

My next case deals with copyright infringement and unfair competition. The item in question is a clover-shaped pendant. According to Parisian jeweler Van Cleef & Arpels, Klum’s pendant had a big similarity to their best-selling shamrock pendant. The pendant goes for thousands of dollars while Klum’s piece retails for $275. Lawyers for Van Cleef & Arpels filed for suit on Dec. 21, 2007. The verdict was in favor of Van Cleef & Arpel for more than $75,000 in damages. When asked about her loss, Heidi told the press that the problem was due to miscommunication with her business partner and design team. I believe that if you plan on doing business with another person you should have everything in writing to assure that both parties will be held liable and treated equally under any circumstance.

Amber Teething Necklace Recall

My last case deals with personal injury and wrongful death. The item at stake is an Amber teething necklace by Fair Trading.  The necklace is intended to be worn by infants under adult supervision. It prevents teething pain by activating small amounts of healing oils from the amber crystals. Once the child’s natural body heat reacts to the crystals oils, it gains a sense of comfort that keeps the infant calm. In later studies, the necklace was found to contain lead and other toxic chemicals forcing the product to be recalled. I personally would not have purchased this for my child. The thought of him choking or strangulating in it is enough to make me not want to buy it.

References

http://www.fairtrading.qld.gov.au/amber-teething-necklace.htm

http://www.huffingtonpost.com/2013/09/12/drake-sued-owl-pendant_n_3912754.html

http://nypost.com/2007/12/29/clover-girl-klum-sued/

Holy Trail

There are roughly 4,200 religions in the world. Each filled with different beliefs, practices, rituals and guidelines. Most with a divine belief in a higher being or power. Throughout history, people have followed traditions left by their ancestors. These traditions are composed of chants, rituals, prayers they strongly believe in.

In my personal case I was raised in the Catholic faith. My mother has a strong belief in Catholicism and made sure to pass it down to her kids. I did my first communion and confirmation in Puerto Rico; these are two very big steps in the Catholic faith. Once I moved to the US, I served the lord by being an alter servant at mass. As I got older and began to go through life lessons I noticed that my catholic ways were no longer a fulfillment. I did not feel the same when I prayed. I did not feel the same when I went to church. I found myself lost. It wasn’t until the summer of 2007 when I discovered a religion called Santería during a trip back home to Puerto Rico. Santería is a faith based on spiritual healing which was exactly what I needed.

After doing some much needed research I found that there wasn’t much on the web about the religion. I later interviewed a priest who practices the faith and was told that the religion is very secretive. Every ritual or ceremony requires for the persons eyes to be closed. He also spoke to me about the importance of the beaded necklaces (elekes) used in Santería. Collares or elekes are made exclusively for Yoruba worshipers. Each color is a representation of the different saints or ‘orishas’ within the faith. Despite it’s secretive nature, today there are more than 1 million Santería worshipers in Cuba alone. Each day I wake up, I thank God for my conviction.

Sources:

http://www.elboricua.com/AfroBorinquen_Santeria.html

http://www.youtube.com/watch?v=bNhA2IsT9R4http://www.youtube.com/watch?v=bNhA2IsT9R4

A Jeweler's Nightmare!

Chamilia vs. Pandora

For my first case, I’ve chosen Minneapolis-based jewelry company Chamilia’s infringement on Danish manufacturer Pandora. The case states that Chamilia infringed on Pandora’s “prevent bunching” bracelet design. Chamilia’s charms are made with irreversible locks that allow a person to lock their charm in place on a bracelet to prevent bunching. Pandora has designed a bracelet with built-in retainers that allow their charms to hang spaciously and prevent bunching. On August 8, 2008, District Judge Catherine Blake ruled that Chamilia did not infringe on Pandora’s design. I agree with this decision, because both designs serve the same purpose, but are handled with different mechanics.

R&L Merchandise vs. Alex and Ani

My next case deals with expandable bangle bracelets. The plaintiff, R&L Merchandise is suing the defendant Alex and Ani, LLC for patent non-infringement on their expandable bangle bracelet design. According to R&L Merchandise, their unique stretch bangle design was stolen by Rhode Island company, Alex and Ani. In this lawsuit there were a lot of similarities. Both companies sell bangle bracelets and they also sell charms for those bracelets. On November 9, 2004 a Jury of Nashville, TN., declared that no patent had been violated. I agree with this ruling because Alex and Ani’s design is based on an expandable wire bracelet not a stretch metal bracelet like R&L Merchandise.

Juicy Couture Necklace Recall

My last case deals with personal injury and wrongful death. It is based on a necklace designed by Liz Claiborne for Juicy Couture. The necklace was said to contain high levels of lead, which can cause poisoning and even be fatal. The necklace was encrusted with jewels, charms and other juicy couture pieces. It was sold in high-end department stores for around $95. On May 10, 2006 the Consumer Product Safety Commission (CPSC) issued a recall for the item and offered immediate assistance to anyone who had been harmed by the product. Luckily there where no injuries and most importantly no lawsuits. I think this is a great example for any jeweler because we tend to utilize some pretty crazy stuff sometimes. Like the saying goes: “Everything that shines is not gold!”

References

http://www.nationaljeweler.com/nj/fashion/a/~15367-Settlement-reached-in-Pandora-patent

http://news.priorsmart.com/r-l-merchandise-v-alex-and-ani-l6WX/

http://www.pritzkerlaw.com/Liz_Claiborne_Recall/

Oggún Owó's Startup Cost

Starting a jewelry business can be a costly thing. On average the startup cost can range from $2,000-$10,000, but if done incorrectly the cost could range up to $50,000 or more! Elements such as the price of gold, silver, jewels and precious metals are all in question. You will need to purchase equipment that is capable of doing any design or technique required for your pieces. Most of these businesses begin as hobbies or side jobs that later start to form and become actual businesses. There is no set market for these types of businesses due to their diverse target markets. High-end businesses such as Pandora or Zales target a much older female audience, while other high-end stores like Avianne target a more urban male audience.

            My business is Oggún Owó Creations. Unlike these businesses, we focus on serving Santería and Lucumi faith worshipers. The idea of creating religious jewelry pieces has been around for a few years, but pieces targeted specifically for this community are not common. My plan is to start off as an online business where I can focus all my costs on jewelry supplies and not on rent, insurance or other startup costs. So far we spend close to $600 a month on supply and generate around $2,000 a month. Our business has been open since February and has attracted new customer’s everyday. We plan on expanding to a physical location in the near future.

            There are many successful independent jewelry stores out there. Oggún Owó Creations is unique due to its culture. We are not just a jewelry shop; we’re a religious organization that offers help to any person feeling in need of spiritual guidance. Our business’s physical location will be in Miami, FL and will feature spacious facilities for music performances and other festivities. I want to create a judge free environment that is suitable for all ages, race and beliefs.

Sources:

http://www.entrepreneur.com/businessideas/jewelry-business

http://www.avianneandco.com/

RIAA

            The Recording Industry Association of America (RIAA) is a society headquartered in Washington, D.C. that represents recording industry wholesalers in the United States. The organization consists of several labels and suppliers that create and manufacture close to 85% of all legally retailed music in the United States. Its role is to properly administer copyright fees on music recordings, as well as work with trade unions and government regulations. The RIAA has three goals that they always obey. The first is to protect intellectual property rights as stated in the First Amendment. The second is to constantly study the music industry in order to stay up to date with any changes being made. And the third is to supervise and analyze laws, regulations and policies on recorded material.

            This organization is comprised of several groups that fall under one big umbrella. The copyright infringement team is responsible for all legal actions ensured on an artist and their material. This department is also responsible for enforcing the government regulations one must make when copyright has been infringed. Another group or department is the digital sales certification and its endless attempts to prevent illegal file sharing and piracy. The backing of this sector is critical if you plan on recording music thru a studio or a live environment. The selling product must be RIAA certified and must go thru all the proper protocols to ensure the correct amount of checks and royalties.

            Working with the RIAA is a big deal to say the least. It is the powerhouse behind all the legal actions done in the music industry. I plan to incorporate a venue in my business where live performances can be made and later recorded and sold. I will need to look into the copyright infringement group along with certain other units that will help protect us against potential lawsuits. All performers will be liable for costs made towards the production of a live audio CD. The RIAA will need to be contacted to supply us with distributors and layers that can meet our cause.

Links:

www.riaa.com

http://www.crunchbase.com/company/riaa