Wheat Ridge, Colorado police took a 50-year-old man into custody Wednesday following a two-month search.
Copyright, Trademark, Patent: Do You Know the Difference?
National Jeweler recaps a recent primer on intellectual property law led by Jewelers Vigilance Committee Senior Counsel Sara Yood.
She started with the intellectual property for which protection is simplest to obtain: copyright.
Copyright grants the creator of an “original work” exclusive rights to its use and distribution for the life of the last-living author, plus another 70 years.
Copyright covers a wide range of works, including movies, literary works, choreography, photography and visual arts, which includes jewelry design.
After copyright expires, the work becomes part of the public domain and is free for anyone to use. (According to an article published by The Atlantic last month, there is a “landslide” of classic art set to enter the public domain in the United States next year.)
An individual does not need to file anything to officially get a copyright. In the U.S., copyright is automatically secured when a work is created and “fixed in a tangible medium,” meaning a copy is made. For a piece of jewelry, an original drawing of a piece of jewelry is considered a copy.
However, Yood said, if an individual wants her or his work to stand up in court, it should be registered with the U.S. Copyright Office, which can be done fairly simply online for $35 or by mail for $65.
While the bar is “very low” for originality when it comes to obtaining a copyright registration, the bar for defending a work in court is substantially higher. The more original a design, the easier it will be for a designer or retailer to win a copyright infringement case.
A trademark, or service mark, is for words, names, symbols, devices (including colors or smells) or any combination thereof that are used to identify goods or services. The purpose of a trademark is two-fold: to distinguish a product as coming from a particular source and to assure the buyer a consistent level of quality in the goods sold under that trademark. The Nike Swoosh is one example, as is the robin’s egg blue color Tiffany & Co. has trademarked for its boxes and bags.
One facet of trademark law Yood reviewed that many in the room—and perhaps many in the industry—seem unaware of is the National Gold & Silver Stamping Act requirement that all precious metal items stamped with a quality mark (14K, 925, etc.) also must be stamped with the producer’s federally registered trademark. This acts as a guarantee of the stated fineness of the precious metal, she said.
Once obtained, trademark protection is indefinite, unless it is deemed to have been abandoned (meaning no longer used) or have become a generic term for the products it represents, like Murphy bed, aspirin and thermos. Known as genericide, this is what Tiffany was fighting against in its legal row with Costco over the term “Tiffany setting,” a battle that it ultimately won.
The costs involved in obtaining a trademark vary but, not counting attorney’s fees, it’s around $450 per mark. It’s worth noting, she said, that trademark applications are public record, so any information that’s entered will be searchable online.
Yood also recommended hiring an attorney for patents, two types of which are relevant to the jewelry industry.
A utility patent protects an invention or the discovery of a new and useful process or machine, or any improvements upon either one. It is active for 20 years from the filing date of the first application. A design patent covers design and is good for 14 years.
The USPTO handles patents too and, as with trademarks, has assistance programs available to those who are unable to afford an attorney.
In her presentation, Yood also covered an area of intellectual property law for which relevance has increased with the advent of social media: the right of publicity.
The right of publicity refers to an individual’s right to control the commercial use of her or his name, image, likeness or other aspects of identity. It is generally considered a property right, which it means it continues even after an individual dies.
It is a state-based right and therefore varies from state to state, with some states—like New York, California and Tennessee (because of Elvis, Yood said)—having more protection for individuals than others.
What this means, she added, is that retailers and designers cannot use an image of a celebrity wearing their jewelry without her or his permission or the permission of an agent for that individual. It’s also worth noting that licensing rights also have to be obtained for photos taken by services like Getty Images.
Publicity rights extend to images posted by a celebrity on her or his personal Instagram page or other social media sites. Individuals, Yood said, are in no way releasing rights to the commercial use of their image simply by sharing it on social media.
The Latest
PGI partnered with four new and seven returning designers for its annual platinum capsule collection.
Nicolosi, president and CEO of The Kingswood Company, previously sat on WJA’s board from 2011 to 2018.
Meet Ben Claus—grand prize winner of For the Love of Jewelers 2023 Fall Design Challenge.
Karina Brez’s race-ready piece is a sophisticated nod to the horse-rider relationship.
The men are allegedly responsible for stealing millions in jewelry and other valuables in 43 burglaries in 25 towns across Massachusetts.
“Horizon” invites individuals to explore the limitless possibilities that lie ahead, said the brand.
With Ho Brothers, you can unlock your brand's true potential and offer customers the personalized jewelry experiences they desire.
The jeweler credits its recent “Be Love” campaign and ongoing brand revamp for its 17 percent jump in sales.
The co-founder of Lewis Jewelers was also the longtime mayor of the city of Moore.
Elvis Presley gifted this circa 1967 gold and diamond watch to Dodie Marshall, his co-star in “Easy Come, Easy Go.”
Concerns about rising prices, politics, and global conflicts continue to dampen consumer outlook.
May’s birthstone is beloved for its rich green hue and its versatility.
Jacqui Larsson joins Opsydia with nearly two decades of experience in the industry.
Last month in Dallas, David Walton pushed another jeweler, David Ettinger, who later died.
The “Tiffany Céleste” collection reimagines designer Jean Schlumberger’s interpretations of the universe.
The brand also created a 100-carat lab-grown diamond necklace in honor of its centennial.
Tim Schlick has been promoted from his previous position as COO.
Supplier Spotlight Sponsored by GIA
Sales will be paused while the relocation takes place over the next few months.
“SIS x MISA Denim and Diamonds” is a collaboration between the designer and celebrity stylist Misa Hylton.
The retailer is moving to a newly designed space in the same shopping center.
Gifts that are unique and thoughtful are top of mind this year, according to the annual survey.
The necklace is featured in the brand’s “Rebel Heart” campaign starring Adam Levine and Behati Prinsloo.
Big changes appear to be on the horizon for the diamond miner and its parent company, Anglo American.
Padis succeeds Lisa Bridge, marking the first time the organization has had two women board presidents in a row.