How to Avoid Jewelry Design Patent Infringement from freeamfva's blog

A design patent covers the look and feel of an invention, so in the past, jewelry patents used to be very popular as jewelry designs could not be copyrighted.To get more news about design and custom Jewerly platform, you can visit official website.

In 2012, BK Jewellery took legal action against Prestige International in a design patent infringement lawsuit. The lawsuit was focussed on BK Jewellery’s diamond jewelry design patent. This diamond jewelry in question has a novel, never seen before shape, that was originally introduced back in 2008 in Hong Kong by company affiliate Wing Yee.

BK Jewellery holds a global patent on this unusual diamond jewelry design, which includes one full-cut diamond solitaire encircled by flawlessly matched single cut stones. This silhouette has an unusual appearance and artfully mimics a more substantial solitaire diamond.

New York-based AV Jewelry (BK Jewellery’s sole licensee in North America) stated that the infringement of the jewelry design patent by Prestige International’s Unity Jewelry had caused a loss of profits, confusion to their customers, and harm to AV jewelry’s goodwill.

In 2013 the court action against Prestige International was reinforced by examiner decision at the USPTO, verifying the validity of BK jewellery’s design patent. The USPTO rejected the prior art supplied by Prestige International in an attempt to challenge the patent’s validity.

The damages sought in this design patent infringement case were the entire profits gained from sales of the infringing Prestige International jewelry by the company itself and its clients/distributors, a recall of the infringing jewelry involved, and lawyer’s fees.Etsy is an online marketplace for handmade and vintage items and supplies, as well as unusual factory-made goods. Etsy’s definition of vintage is anything over 20 years old. Etsy launched in 2005 and has experienced massive growth over the years.

Lacking IP knowledge and adequate support, many jewelry designers are simply oblivious to the consequences of design patent infringement, the importance of protecting their jewelry designs, and how to perform a design patent search in the first place.
With a simple drag and drop, upload your design into Design Search’s image-based design patent search engine. Utilize the image cropping tool to crop any background interference out of your image, thus increasing the accuracy of the results.

Take advantage of Design Search’s features to narrow down your search scope, thus making it even easier to find potentially similar designs.

It really is as easy as that. Once you have been presented with your results, you can then use Design Search’s additional features such as the side-by-side image comparison to really help you to compare your design image with others. Additionally, you can use the image inspection tool to enlarge images for greater clarity.Design Search by Patentcloud is a budget-friendly infringement evaluation tool that can be used independently, without ever needing to outsource to an IP professional.

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