Sunday, September 8, 2013

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/


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