Last month luxury diamond jewelry designer Tacori filed a law suite accusing fellow jeweler Scott Kay of copyright infringement, trademark infringement, unfair competition, and trade dress infringement. Since 1999 Tacori has been advertising what they call their 'reverse-crescent design' for diamond engagement rings. According to court paperwork, they believe that Scott Kay's, "Manufacture, distribution, duplication and/or sale of infringing copies of the Tacori crescent jewelry was deliberate, willful, malicious, oppressive and without regard to Tacori’s proprietary rights.”
Scott Kay and the presiding US District court judge disagree. The honorable Dale S. Fischer of the Los Angeles US District court issued his ruling on March 3 citing that, “There is no evidence of actual confusion (between the two ring designs), and no credible evidence that defendant intended to adopt plaintiff’s Reverse Crescent Trade Dress. In addition, the ordinary, reasonable buyer of these products would likely not be confused by the similarity of the ring designs due to their expensive nature.”
While Tacori plans to continue gathering evidence and information proving Scott Kay has violated their trademark and copyright protections, Scott Kay Inc plans to keep defending their "Heaven's Gate" line.
