Independent Brand Ox Sues H&M for Allegedly Knocking Off Its ‘Ourglass’
Ox is accusing the fast-fashion retailer of patent infringement, trade dress infringement, and unfair competition.

Filed Dec. 22 in federal court in New York, the lawsuit opens with a reference to a Christmas classic.
“The usual suspects this holiday season are not Harry and Marv from ‘Home Alone’ but Hennes & Mauritz of H&M and instead of invading and robbing a kid’s home, defendant is selling unauthorized copies of a young and independent brand’s jewelry as part of its 2023 holiday collection,” it states.
Sister-and-brother duo Jessica and Michael Busiashvili founded Ox after Jessica spent years researching and developing the design concept that serves as the company’s backbone, the “Ourglass” link.
Ourglass links consist of two hourglass-shaped components that intersect to create one form, with a diamond set into each of the four ends.
They have no front or back, making the diamonds visible from all angles, and are uniformly sized and circular so they roll on the wearer’s body, as seen in this Reels video on Ox’s Instagram.
The company received a U.S. utility patent for the Ourglass in January 2020, and a design patent in August 2021, according to exhibits filed alongside the lawsuit.
In March 2022, Ox launched its brand with a single tennis bracelet, later expanding to rings, earrings, necklaces, pendants, and chains.
Since then, the brand has gone viral on Instagram and “routinely attracted unpaid media coverage,” the lawsuit notes.
This includes a November 2023 profile in National Jeweler in which the publication’s former Senior Editor, Fashion, Ashley Davis wrote, “Just when you think you’ve seen every possible rendition of a diamond tennis bracelet, [Ox] comes along and innovates the classic style.”
Somewhere along the way, Ox contends in the suit, H&M “spotted” its jewelry and “intentionally copied” the Ox trade dress for jewelry sold as part of its 2023 holiday collection, which it began selling in early November.
Ox sent H&M a cease and desist letter on Nov. 10, and the retailer’s attorneys responded on Dec. 6, with both letters filed as exhibits accompanying the lawsuit.
In its response, H&M declined to pull the allegedly infringing jewelry from its stores.
An attorney for the retailer contended, in part, that the design patent for the Ourglass link is invalid because it has “the same functional, rather than ornamental, features” as the brand’s utility patent.
“We see no reason for further discussion over an invalid patent,” the letter reads.
In the letter, the attorney also threatens to work to invalidate Ox’s design patent, stating, “Although we would prefer not to, please understand that we are confident in our ability to quickly invalidate the ’617 patent [the design patent] through an IPR [inter partes review] proceeding at a negligible cost to H&M.”
H&M declined to comment on the lawsuit, citing the fact that the litigation is ongoing.
The lawsuit filed by Ox includes a close-up shot of H&M’s alleged copy of the brand’s signature Ourglass bracelet, as well as photos of Ox-like necklaces and earrings sold by the fast-fashion retailer.
Ox, the suit notes, manufactures its jewelry in platinum or 18-karat gold with “top quality” natural diamonds while H&M’s products are “made from cheap and disposable materials.”
While there is a clear difference in price between the companies’ products—H&M’s sold out “Chunky Rhinestone Necklace” was priced at $69.99, while Ox’s jewelry starts at just under $4,000—Ox does not want consumers thinking it is making the jewelry H&M is selling.
It said in the lawsuit that within days of the allegedly infringing jewelry hitting the market, people as far away as London were calling Jessica to tell her they spotted Ox-like jewelry at H&M.
“The similarities between the legitimate items embodying the Ox trade dress and the infringing products sold by [H&M] are so striking that consumers have been and will continue to be confused into believing that the infringing products were designed and sold as part of Ox, although the infringing products do not represent the quality, craftsmanship, and luxury that is synonymous with Ox,” the suit states.
Ox is bringing three claims against H&M Hennes & Mauritz LP: patent infringement, infringement of the Ox trade dress, and unfair competition.
It is asking for monetary damages in the case as well as the profits H&M made from selling the alleged copies.
The jewelry brand also wants the court to issue an injunction prohibiting further infringement and unfair competition by H&M.
The Latest

The jewelry retailer noted resilience among its higher-end customers while demand softened for its lower-priced offerings.

Led by the 6.59-carat sapphire, the sale garnered $9.7 million, a record total for a Heritage jewelry auction.

In his new role, sales specialist Billy Welshoff will focus on the eastern United States.

Gain access to the most exclusive and coveted antique pieces from trusted dealers during Las Vegas Jewelry Week.

José Gaztelu has been promoted to the role, which has been vacant since last year.


It has also opened the application period for the Seymour & Evelyn Holtzman Bench Scholarship through June 30.

The owner of the Ekati mine, which opened in 1998, has filed for insolvency protection amid the significant decline in diamond prices.

Gain access to the most exclusive and coveted antique pieces from trusted dealers during Las Vegas Jewelry Week.

The company announced the change alongside its Q1 results, which showed that the jewelry brand’s year is off to a shaky start.

The retailer will cut 16 percent of its corporate workforce as part of its plan to exit bankruptcy.

Of the many examples used in the filming of “Le Mans,” this one is believed to have spent the most time on Steve McQueen’s wrist.

Megan Piccione dressed Lauren Wasser in layers of diamond jewelry, making her stand out in a crowd that included celebrities like Beyoncé.

Following decades of association leadership, the “semi-retired” colored gemstone expert is turning his focus to gemstone education.

The museum’s new exhibition will feature one of Jesse Owen’s Olympic medals, Yogi Berra’s crown, Super Bowl rings, and more.

The new program provides access to media exposure and editorial opportunities for exhibitors and retailers.

The “Eclipse” jewelry collection captures the fleeting moment where light and shadow align though onyx, diamonds, and freshwater pearls.

Buying discipline at trade shows starts with clarity about your inventory levels, Smith writes.

Lazaro Rodriguez Vega was murdered inside Cash Out Gold and Silver in Fort Pierce. A 20-year-old man has been charged in the case.

Their partnership combines Gemist’s customization technology with Saban Onyx’s U.S.-based manufacturing capabilities.

Respondents were concerned about the Middle East conflict and how it will impact their finances.

Our Piece of the Week, the “Butterfly” necklace, showcases a 7.02-carat oval diamond set between diamond, platinum, and 18-karat gold wings.

Smith uses a comment he overheard in the grocery store to remind retailers that their job is to inspire buying behavior, not just sell.

“A Girl SMR at Claire’s” celebrates girlhood through the five senses with stacked jewelry, slime toys, scented accessories, and ASMR.

Believed to be one of three made in 1987, the Cartier London Crash was hot at the “Shapes of Cartier” sale at Sotheby’s Hong Kong.

Officials are looking for a group that robbed Marc Robinson Jewelers at an outlet mall in Round Rock, Texas, in broad daylight on April 21.

Sponsored by OROAREZZO International Jewelry Exhibition

Some retailers are taking a nuanced approach to marketing what can be a difficult holiday for many.


























