Intellectual Property Insights from Fishman Stewart
Mini Article – Volume 24, Issue 3
Share on Social
If You Like It Then You Shoulda Put a © on It.
By Kristyn Webb
Valentine’s Day is just around the corner and jewelry sales are usually around $6 billion USD in the United States alone. In 2021, the US Customs and Border Protection agency seized over $1 billion USD worth of counterfeit pieces of jewelry. One jewelry artist, David Yurman, who makes braided cable jewelry, has been battling imitators for many years. A few years ago, he won a $1.5 million judgment against several online stores selling counterfeit goods.
One of the strategies behind his success at shutting down counterfeiters is that he has obtained copyright registrations for several of his designs, in addition to trademark and trade dress protection. Trademark and trade dress infringement hinges on the potential for consumer confusion, and where a bold infringer clearly indicates that its product is a knockoff or “designer inspired,” the potential for consumers to believe they are purchasing legitimate products may be difficult to prove. A claim for copyright infringement, on the other hand, does not require evidence of potential consumer confusion, but rather looks at the similarity between the copyrighted design and the accused design.
Yurman’s website also has a place where consumers can report counterfeits. In addition to potentially damaging a brand, counterfeits can be harmful to consumers. Knockoff jewelry can turn your skin green, and it also can contain metals and other substances that are absorbed into the body and can lead to long-term health issues. While intellectual property theft is often thought of as a “victimless crime” the sale of counterfeit goods has been linked to funding criminal activities like human trafficking, terrorism, and money laundering.
So, if you are looking for the perfect gift this year that expresses your feelings for your loved one, buy legitimate and authentic items. Real love is not very well expressed with fake goods.
Kristyn Webb is the Group Leader of Fishman Stewart’s Copyright Practice Group, and holds a Master’s Degree in Copyright Law from King’s College London.
Published February 9, 2024
Related Content from Fishman Stewart
Generally, copyright protects the specific expression of ideas, such as the arrangement and presentation of visual elements, but it does not protect general concepts or styles.
In the age of the internet, memes are a universal language. A meme is a piece of content, typically an image, video, text, or a combination of these, that spreads rapidly across the internet, often with humorous, relatable, or satirical undertones.
In the US, Thanksgiving is quickly approaching. For many, Thanksgiving and (American) football go hand-in-hand, with the Detroit Lions’ game as much a staple of the holiday as turkey and pie. However, this year’s game arrives amid controversy: Lions’ legendary Hall of Famer Barry Sanders is facing a lawsuit alleging copyright infringement.
After three years of litigation, a court has held that the “beat that goes on” for Cher’s right to continue receiving royalties on songs created during her marriage to Sonny Bono, despite attempts by Sonny’s widow, Mary Bono, to invoke federal copyright termination rights to end those payments.
Watching scary movies is a time-honored Halloween tradition, and one of the greatest movies to watch this time of year is “Ghostbusters” which premiered in 1984.
Halloween is coming up at the end of this month, and we are celebrating a little early with the spooky copyright story of Jap Herron!
In 2023, California artist Joe Morford lost his copyright infringement lawsuit against Italian artist Maurizio Cattelan. Morford claimed that Cattelan's viral artwork "Comedian," which features a banana duct-taped to a wall, was a copy of his own work, "Banana and Orange."
Last month, Outkast filed suit against ATLiens Touring, seeking an injunction against ATLiens Touring’s continued use of ATLiens and seeking damages.
Fourteen teams of the US National Basketball Association (NBA) have been sued in federal district court for copyright infringement. The complaints were filed by companies claiming to own rights in various musical works.
In the digital age, social media has become a powerful platform for content creation, enabling individuals and businesses to reach wide audiences. Platforms like Instagram, TikTok, and YouTube have made it easy for anyone with a smartphone and an internet connection to create and share content.
IDENTIFYING, SECURING AND ADVANCING CREATIVITY®
