MajorsSep 22, 2023
David Yurman Alleges These Two Companies Copied Its DesignsIndependentsJan 11, 2024
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.
Ox’s “Ourglass” bracelet in 18-karat yellow gold is set with 13.7 total carats of diamonds (price upon request). An independent jewelry brand officially launched in 2022, Ox is suing H&M for allegedly knocking off its patented design. (Photo courtesy of Ox)
New York—Independent jewelry brand Ox has filed suit against H&M, accusing the fast-fashion giant of copying and then selling “cheap” versions of its patented “Ourglass” design in its holiday collection.
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.
Related stories will be right here …
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.
More on Independents
The Latest
CrimeDec 11, 2024
Former Tiffany & Co. Factory Supervisor Sentenced for Stealing Precious Metals A federal judge gave Benjamin Preacher 59 days in jail, plus 10 months of home confinement and two years of supervised release.
GradingDec 11, 2024
IGI Set to Go Public Next WeekIn a CNBC interview, CEO Tehmasp Printer discussed the IPO in India and what declining lab-grown diamond prices mean for the company.
AuctionsDec 11, 2024
Sotheby’s Important Watches Sale Fetches $16.6MThe offering included vintage Rolexes, timepieces worn in “Titanic,” Steve McQueen's watch, and a special Citizen pocket watch.
Brought to you by
Advocacy and Excellence: How Jewelers of America Is Committed to Elevating Our Industry For over a century, Jewelers of America has been the voice of the industry and valuable resource to jewelers across the country.
CollectionsDec 11, 2024
Stephanie Gottlieb Brings Natural Diamonds to StudsThe 13-piece “Stephanie Gottlieb x Studs” collection is the piercing studio’s first fine jewelry offering to feature the gemstone.
Weekly QuizDec 05, 2024
This Week’s QuizTest your jewelry news knowledge by answering these questions.
SurveysDec 10, 2024
Jewelry Among Top Sellers on Cyber Monday, Says AdobeAn Adobe Analytics report explored the rise in mobile shopping, the popularity of Buy Now Pay Later options, and peak shopping hours.
Events & AwardsDec 10, 2024
AGTA Launches Scholarship for University of Arizona Geosciences StudentsThe inaugural Dick Greenwood Memorial Scholarship in Gems Science will cover the fall 2025 and spring 2026 semesters.
Brought to you by
Protecting Your Sparkle: Why Screening Has Become Essential While no reputable jeweler would knowingly sell lab-grown stones as natural, it's a growing possibility.
Events & AwardsDec 10, 2024
JA New York To Debut 2 New Pavilions at Spring 2025 ShowA Piazza Italia pavilion will feature Italian designers and manufacturers while “MJSA Showcase” brings over a piece of the MJSA Expo.
CollectionsDec 09, 2024
Ray Griffiths’ First Coffee Table Book Spans 5 Decades of Design“Ray Griffiths: The Works” tells the story of the master jeweler’s career, which started with an apprenticeship in Australia at age 15.
MajorsDec 09, 2024
Thomas Davis, Grant Mobley Join WJA Foundation Board Davis is the director of business development at Select Jewelry Inc., and Mobley is the jewelry and watch editor at the Natural Diamond Council.
FinancialsDec 09, 2024
Movado’s Q3 Sales Down 3% Amid ‘Challenging’ EnvironmentThe retailer has been upping its marketing spend to drive revenue growth and brand awareness.
TrendsDec 06, 2024
Pantone’s Color of the Year Is a Delicious MousseThe color for 2025, “Mocha Mousse,” embodies thoughtful indulgences and everyday pleasures.
CollectionsDec 06, 2024
Piece of the Week: Cocoerow Fine Jewelry’s ‘Kokoro’ PendantThe Yoruba word for ant, “Kokoro” embodies the strength of womanhood in ant society while highlighting responsible sourcing.
FinancialsDec 06, 2024
Roberto Coin Acquisition Gives Watches of Switzerland a Boost in H1The retailer’s jewelry sales doubled, with branded jewelry performing especially well.
FinancialsDec 05, 2024
Signet Jewelers’ Q3 Sales Slide Amid Slow Engagement Ring Sales, Tech IssuesThe jewelry retailer addressed the lab-grown diamond “disruption,” the price of gold, and its holiday weekend performance.
SurveysDec 05, 2024
Consumer Confidence Rises Again in NovemberA more positive view of the current labor market boosted the Conference Board’s index last month.
Events & AwardsDec 05, 2024
Michael S. Krzemnicki to Receive 2024 Bonanno AwardThe director of the Swiss Gemmological Institute (SSEF) will be honored for his impact on gemology and dedication to advancing the science.
Supplier BulletinDec 05, 2024
Join Us For Color's Premier Show: 2025 AGTA GemFair TucsonSponsored by 2025 AGTA GemFair Tucson
Events & AwardsDec 05, 2024
BIJC Announces 2024 ‘Rock the Jewels’ Awards WinnersAt the annual event, in its second year, the organization honored those making remarkable contributions to the jewelry industry.
TrendsDec 05, 2024
Amanda’s Style File: A Blue, Blue, Blue Month Celebrate December babies with 20 pieces of jewelry featuring this month’s birthstones—turquoise, tanzanite, and zircon.
SurveysDec 04, 2024
In-Store Shopping Outpaced Online Over the Holiday Weekend, Says NRF A total of 126 million consumers shopped in stores over the five-day period, about 5 million more than last year.
Lab-GrownDec 04, 2024
GJEPC Says Indian Trade Will Use FTC-Approved Terminology for Lab-Grown DiamondsThe FTC’s Jewelry Guides require “clear and conspicuous” disclosure when advertising lab-grown diamonds.
SourcingDec 04, 2024
Designer Saul Fraiman Retires After 55 YearsThe fine jewelry designer, who came out of retirement in 2017, is putting down his sketchpad for good.
AuctionsDec 04, 2024
30-Carat Pink Diamond Fetches $2.6M at BonhamsThe Type IIa, very light pink colored diamond was the highlight of the recent Hong Kong jewelry auction.
CrimeDec 03, 2024
Man Sentenced to Life in Prison for Murder of Florida JewelerJohn Willard Craiger, 83, fatally shot jeweler Ghazi “Gus” Michel Osta following an argument in the store.
ColumnistsDec 03, 2024
Peter Smith: How a Leadership Hire Can Make or Break a CompanyIn his latest column, Smith provides a list of questions every business needs to be asking their next potential leader.
