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/
