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

Yemayá

In the Lucumi faith, every person is ordained to a certain Orisha, or guardian angel. This is based on the person’s characteristic traits. There are many different Orishas in the religion and are all derived from saints worshipped in Catholicism. In order to know whom your guardian angel is you must visit a Babalawo. Babalawo’s are known as the priests of the Lucumi faith. They are considered the divine messengers of God and practice a similar yet more complex belief system called Ifa. Once an individual has gone through the proper initiation ceremony they become an Aleyo, or a worshiper and practitioner of Santería.

            There are different ranks in Santería. It is a religious hierarchy that was created centuries ago from African American slaves that were sent to Cuba. Cuba is considered to be the birthplace of this religion and is the highest in number of worshipers. Although Santería is widely known throughout the world, many people consider it taboo and chose not to speak of it. It is largely critiqued and very much misunderstood. Practitioners are criticized for being unfaithful to God and are labeled as ‘devil worshipers’ and accused of ‘casting black magic’. The truth is, this is one of the most beautiful religions out there. It focuses on spiritual awareness and helping people find guidance from above.

            On November 8, 2011 I traveled to Cuba with my godmother from Puerto Rico. I had been practicing the Lucumi faith for over four years and decided that it was time to take it to the next level. On November 11, 2011 (11/11/11) I was crowned the Orisha Yemayá. Known as a mother by excellence, this Orisha is female and is considered to be the mother of everything living and breathing in the world. I believe I was placed on this path for a reason. Yemayá has come to fix all that is physically and mentally wrong. I am proud to call myself a Santero!

Links:

http://santeriachurch.org/the-orishas/yemaya/

http://en.wikipedia.org/wiki/Santer%C3%ADa