Verragio Sues Online Retailer for Allegedly Copying Designs
The company filed a lawsuit against The Art of Jewels for allegedly mimicking its signature engagement ring and wedding band designs.
The New York-based brand filed a lawsuit against The Art of Jewels and Fine Art LLC on July 26 in U.S. District Court for the Northern District of California.
The San Francisco-based retailer, which bills itself as the “#1 Lab Grown Diamond Marketplace” in the United States, was founded in 1990, as per its website, and sells online in the U.S. and Canada via its website and a 1stDibs shop.
In the lawsuit, Verragio accuses The Art of Jewels and Fine Art of copyright infringement, trademark counterfeiting and infringement, and unfair competition.
Reached via email Wednesday, The Art of Jewels said it could not provide comment on Verragio’s lawsuit because it has not yet been served with the complaint.
Verragio founder, owner, and CEO Barry Nisguretsky, who also goes by “Barry Verragio,” has designed jewelry for more than 25 years, obtaining copyrights for several designs he has created for Verragio, including the company’s signature “Verragio crest.”
Court documents show screenshots of several Verragio’s rings alongside the alleged copies by Art of Jewels, which include its trademarked signature crest, Verragio contends.
“Verragio’s federally registered Verragio Crest trademark is a unique and distinctive design which Verragio incorporates into its jewelry designs to distinguish its products and designate a single source of origin,” the company said in court documents.
The lawsuit states that the allegedly copied designs have “irreparably harmed” Verragio, as well as the general public, by causing confusion.
This is not the first time Verragio has gone to court to defend its intellectual property.
In 2017, the company said it sent out 30 cease-and-desist letters and filed 10 lawsuits in the span of 18 months after learning from other jewelry designers and retailers that there was a proliferation of Verragio lookalikes in the market.
“Verragio is unwavering in its commitment to safeguarding our intellectual property, empowering our valued retailer partners with the confidence to exclusively showcase the unique and innovative Verragio brand,” Nisguretsky said in a statement to National Jeweler Wednesday.
The company is requesting the court issue a permanent injunction to stop The Art of Jewels and Fine Art from making jewelry that it said infringes on its copyrights, as well as a trial by jury.
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