Diamond Giant De Beers Sued for Copyright Violations Over Everlon Line
Post Date: 07 Jan 2010 Viewed: 499
Diamond giant De Beers is being sued by American jewelry manufacturer Orogem Corp for copyright violations over its Everlon Diamond Knot Collection. According to a report in the National Jeweler, Orogem Corp claims that De Beers' Everlon practically mirrors their own “Larkhead” design.
The suit names De Beers along with about a dozen retailers and manufacturers, who either sell or produce the Everlon line. Ironically, De Beers itself has stated that the diamond jewelry company would go to great legal lengths to protect the Everlon design from potential infringements.
The suit, filed with the Burbank District Court in California, states that Orogem registered the copyrights for what it calls the "Larkhead" pendant, which features a knot motif design, in 1999. Orogem further claims that "many of the pieces in the Everlon collection are identical or substantially similar to its Larkhead design, and this similarity is no accident.” De Beers, added the suit, was fully aware of Orogem's copyrighted Larkhead design when it created the diamond jewelry collection.
De Beers introduced its own knot-themed jewelry line, “the Everlon collection,” in September 2009, saying the design was based on the Hercules knot. Retailers interested in selling the Everlon diamond jewelry line had to pay De Beers a certain fee in order to be included in its trademarked program. Orogem claims that the advertising budget alone came to $20 million.
De Beers spokeswoman Lynette Gould told the National Jeweler that the diamond jewelry company “was aware of a possible copyright complaint" by Orogem in connection to the Everlon line. Gould added, however, that various parts of the Everlon diamond jewelry line “have been registered for a combination of trademarks, copyrights and design rights,” which have separate ownership rights.
Orogem is seeking a baseline $100,000 in damages, as well as any profits made by the sales of Everlon jewelry. The latter have already reached over $5 million and are expected to continue to grow.