Independents

Independent Brand Ox Sues H&M for Allegedly Knocking Off Its ‘Ourglass’

IndependentsJan 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 diamond tennis bracelet in yellow gold
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 … 

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

Stock image of crime scene tape
CrimeJul 23, 2025
JSA Warns of Violent String of Smash-and-Grabs in California

JSA has received reports of mobs swarming jewelry stores, driving cars into the storefront or smashing through the windows.

Silvia Furmanovich Kasmir Collection Carnelian Bracelet and Sketch
CollectionsJul 23, 2025
Silvia Furmanovich’s ‘Kashmir’ Collection Is a Tribute to Northern India

The “Kashmir” collection features centuries-old craft techniques made in collaboration with the region’s master papier-mâché artisans.

A Vanitas by Hannah Martin and Guy Berryman Sothebys
CollectionsJul 22, 2025
Jewelry With a Rock ‘n’ Roll Aesthetic Heads to Sotheby’s London

Next week, the auction house will kick off a selling exhibition of jewelry by British artist Hannah Martin and Coldplay’s Guy Berryman.

rio-article photo-diamond.jpg
Brought to you by
Taking the Moment Head On: How Rio Grande Champions the Present & Future of Fine Jewelry

As a leading global jewelry supplier, Rio Grande is rapidly expanding and developing new solutions to meet the needs of jewelers worldwide.

Cover of the book “Flawless: Inside the Largest Diamond Heist in History”
SourcingJul 22, 2025
Antwerp Diamond Heist Documentary Coming to Netflix

“Stolen: Heist of the Century” is based on “Flawless,” the book about the middle-of-the-night theft, and will debut on Netflix in August.

Weekly QuizJul 17, 2025
This Week’s Quiz
Test your jewelry news knowledge by answering these questions.
Take the Quiz
Emmanuel Raheb
ColumnistsJul 22, 2025
The Gifting Gap: How to Market Jewelry Beyond the Holidays

Emmanuel Raheb shares the top five gifting moments outside of major holidays that jewelers should build marketing campaigns around.

NY Now
Events & AwardsJul 22, 2025
NY Now’s Summer Market Returns in August

The wholesale trade show’s Luxury Lifestyle section will showcase established and emerging jewelry designers.

an instructor and a student in a bench jewelry classroom
Brought to you by
Investing in the Next Generation of Bench Jewelers

The Seymour & Evelyn Holtzman Bench Scholarship from Jewelers of America returns for a second year.

Jeweler setting a diamond into a ring
MajorsJul 21, 2025
Rio Grande Expands Personalization Offerings

As demand for custom jewelry grows, the company is expanding its services to support retailers.

National Associate of Jewelry Appraisers Logo
Events & AwardsJul 21, 2025
NAJA’s 2025 ‘Ace It’ Conference To Go Virtual

The mid-year conference for jewelry and watch appraisers is slated for Aug. 9 to 10 on Zoom.

Jacquie Aiche graduated turquoise beaded necklace
TrendsJul 21, 2025
Amanda’s Style File: Graduated With Honors

Graduated stones make for elevated tennis-style pieces and dramatic statement necklaces.

24th Gem Awards Show Logo
Events & AwardsJul 21, 2025
Gem Awards Now Accepting Nominations for 2026

Nominations in the categories of Jewelry Design, Media Excellence, and Retail Innovation will be accepted through July 30.

Lewis Heyman
MajorsJul 18, 2025
Lewis Heyman on Sourcing Gemstones, Post-Retirement Plans

He retired last month after 28 years traveling the world to source the very best gemstones for his family’s jewelry business, Oscar Heyman.

CCWW Designs Multiple Shell Charm Necklace
TrendsJul 18, 2025
Piece of the Week: CCWW Designs’ Shell Charm Necklace

The charm necklace features six nautical charms of shells and coral that founder Christina Puchi collected on Florida’s beaches.

The Plumb Club board members
MajorsJul 18, 2025
Plumb Club Elects New Board Members

The organization elected its youngest vice president as it looks to draw in fresh talent.

Jewelry industry veterans Brad Campbell and John Liebler
TechnologyJul 18, 2025
Brad Campbell, John Liebler Join Clientbook’s Executive Team

Campbell joins the company as vice president of business development while Liebler is the new vice president of operations.

Silver, Gold, and Bronze Medals for Italy Olympic Winter Games
CollectionsJul 17, 2025
2026 Winter Olympic Medal Design Symbolizes Unity

The medals feature a split-texture design highlighting the Games’ first time being hosted by two cities and the athletes’ journeys.

vimeo screenshot.png
Supplier BulletinJul 17, 2025
The INSTORE Jewelry Show 2025: Your Holiday Preparations, All Wrapped Up!

Sponsored by The INSTORE Jewelry Show 2025

Guinness
SurveysJul 17, 2025
The Most Recommended Brands in the World, According to YouGov

Globally, travel and transportation brands reigned, while in the U.S., alcoholic beverage companies and a lingerie brand took the top spots.

Gina Ferranti
IndependentsJul 17, 2025
Gina Ferranti of GiGi Ferranti Jewelry Dies at 59

The Brooklyn-based jewelry designer is remembered as a true artist and a rare talent.

Rio Tinto Chief Executive Simon Trott
SourcingJul 17, 2025
Rio Tinto Names New CEO, Production Rises at Diavik

Production at the mine in Canada’s Northwest Territories topped 1 million carats in Q2, the third consecutive quarter of growth.

Jewelers of America Learning Workship Logo
Events & AwardsJul 17, 2025
JA to Hold Learning Workshops This Fall

A new slate of Learning Workshops will take place in Oklahoma, Mississippi, and Georgia.

Gold bracelets and bangles
SurveysJul 16, 2025
Signet Jewelers Falls Lower on NRF’s ‘Top 100’ Retailers List

The middle class is changing its approach to buying jewelry and affordable luxury goods, the NRF said.

Buccellati Opera high jewelry bracelet
FinancialsJul 16, 2025
Richemont’s Jewelry Sales Up 7% in Q1

It marks the third consecutive quarter of growth for Cartier, Van Cleef & Arpels, Buccellati, and Vhernier.

Rolex Datejust ref. 16233
WatchesJul 16, 2025
The Top-Selling Rolex Models of the Last 15 Years, According to Bob’s Watches

The reseller’s market trends report, based on its sales data, also shows exactly how much Rolex prices have jumped since 2010.

Jean Dinh Van Orgue Ring
AuctionsJul 16, 2025
Christie’s To Honor Dinh Van With Exhibition

The auction house will be hosting a retrospective paying tribute to jeweler Jean Dinh Van and his company’s 60th anniversary.

Jake Duneier and Danielle Duneier
IndependentsJul 16, 2025
Clyde Duneier Ushers In Fourth Generation

Jake Duneier and Danielle Duneier-Goldberg have stepped into the roles of CEO and president, respectively.

×

This site uses cookies to give you the best online experience. By continuing to use & browse this site, we assume you agree to our Privacy Policy