Public Policy And Issues

Merit awarded damages in latest ‘Sirena’ suit

Dec 27, 2011

Miami--Merit Diamond Corp. announced recently that it has “successfully obtained judgment” in another copyright infringement case involving pieces from its “Sirena Collection.”

On Dec. 15, Judge William P. Dimitrouleas of U.S. District Court for the Southern District of Florida awarded Merit a total of $7,500 in damages, attorney’s fees and costs, in the lawsuit it filed against Houston-based SK Diamonds Inc. back in July, court papers show.

In addition, court papers show that SK Diamonds is permanently enjoined from infringing on the Solitaire design in the future.

In the suit, which was originally filed July 14, Merit accused SK Diamonds of copyright infringement, federal unfair competition, false description and false designation of origin as to trade dress and common law trade dress infringement in relation to its “Solitaire” earrings and pendants.

Merit claims that after its copyrighted Sirena Solitaire jewelry hit the market, SK Diamonds intentionally made and distributed jewelry that was, according to court papers, “identical to, and/or substantially similar to” its Solitaire design and sold jewelry that utilizes a trade dress that is “confusingly similar” to Merit’s trade dress.

This is not the first time Hollywood, Fla.-based Merit has been to court over its Sirena designs, with similar cases being settled in October 2010 and January 2009.

“Merit Diamond Corporation once again proves its willingness to aggressively police and protect its internationally renowned Sirena Collection and the interests of all Sirena authorized dealers,” the company said in a statement. 

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