TrendsJun 20, 2025
Dua Lipa Stays On-Trend With Chunky Engagement RingThe singer’s ring ticks off many bridal trends, with a thick band, half-bezel setting, and solitaire diamond.
IndependentsSep 19, 2017
The PR Adviser: Dear Lilian …
Lilian Raji helps facilitate a conversation on how brands can determine if someone is violating their trademark and whether legal action is warranted.
Lilian Raji is a strategic marketing and public relations adviser who helps luxury lifestyle brands sell more products to luxury buyers.
Hello, my dear readers! It feels like forever since we last got together, no?
When we previously connected, some of us were curled up in a ball, nursing paper-cut wounds from pages of pre-Las Vegas paperwork; others were doing shots of Four Loko to stay awake through pre-Vegas prep; all were eager for a magnificent Vegas jewelry week.
So how was Vegas for you? Tell me!
Personally, I experienced thrilling and thought-provoking conversations. I saw gems of kingly opulence and subdued elegance. My body was exhausted when I left Vegas, but my mind was invigorated, renewed with profound love for our craft and an immense appreciation for the love each of you express in your work ... which brings us back to this column.
As I navigated the floors of Couture and JCK, I heard firsthand your challenges with marketing and promoting yourself in this industry. This column has always existed to help you with just that, and I’m honored by all of you who welcomed me into your booths and shared your stories.
For the next few months, this column will be about your challenges. The stories will remain mostly anonymous, sharing only names for those who would benefit from being highlighted. Everyone else: Your secret is safe with me.
If I didn’t meet you in Vegas, you are always welcome to email me your pressing PR questions, and I will address them in a future column.
Now, let’s begin!
------
Dear Lilian,
My brand has been around for almost two decades, and in all of that time, I’ve used the same tagline. Recently, a very well-known fashion brand has begun using my tagline in their recent campaign. What can I do?
Signed,
Imitation IS NOT the Sincerest Form of Flattery
My dear Imitation,
It’s a shame when titans of industry flaunt their army of lawyers to keep smaller brands intimidated. But good news for you: Your particular Goliath has faced a David in the past--and lost! Given how much I’ve loved your work since we first met at Couture in 2009, I’m happy to offer you some rocks to throw.
Although my youthful ambitions were towards becoming a lawyer, alas, my life took a different path--one that’s brought me here to point you in the right direction for finding justice.
That direction is to attorney and recent JA New York Show panelist Joy Butler. This is what she had to
say when I told her what’s going on: “Her issue is a trademark or unfair competition issue, not a copyright issue. Briefly, copyright law protects original creative material such as books, films, visual art and even magazine columns. Trademark law protects one’s exclusive use of an identifier (e.g., branding) for the source of a specific product or service. The trademark-protected identifier can be a word, phrase, design, shape, color and, yes, a tagline.”
To determine whether someone’s use of a similar or identical trademark violates your trademark and whether legal action is warranted, consider the following.
1. Are you actually using your “identifier” in a manner that qualifies for trademark protection? This requires using the trademark in commerce, in connection with offering for sale the business’s goods or service. It’s not sufficient to use the company name, logo, or tagline on company letterhead or business cards.
The aforementioned must also appear on the product or the product’s packaging. If the trademark is used with a service, the trademark must appear with advertising for the service.
2. If you have trademark rights, have they actually been infringed? Just because a business owner has trademark rights, those rights do not absolutely prohibit anyone else from using the same name, logo or tagline.
You can prevent others from using your trademarks only if the other use is confusing. Your exact trademark can be used on substantially different products or in a substantially different industry. That’s why Delta Airlines can co-exist with Delta Faucets and Subaru Outback vehicles can co-exist with Outback Steakhouse.
3. Have you registered your trademark? Registration is not a pre-requisite for valid trademark rights; you instantly develop trademark rights by being the first to use the trademark in commerce in a particular geographic region.
Nevertheless, federal registration of the trademark with the U.S. Trademark Office does provide you with a number of additional benefits, including nationwide exclusivity, increased powers to enforce your trademark rights and eligibility to receive higher damage awards from the infringer with a successful trademark infringement lawsuit.
Without existing already as your attorney, dear designer, Joy isn’t able to make a definitive recommendation. She did add, however, that if your answer is yes to all three questions, you can potentially halt the Goliath’s actions with a cease-and-desist letter, and, of course, by filing a lawsuit.
Check out Joy’s book, “The Cyber Citizen’s Guide Through the Legal Jungle: Internet Law for Your Professional Online Presence,” which includes guidelines for determining your trademark rights and fully annotated examples of completed trademark registration applications.
Keep me posted on your fight. I want to toast with you when you win!
Until next time, faithful readers!
Lilian Raji is a strategic marketing and public relations adviser who helps luxury lifestyle brands sell more products to luxury buyers. Send questions for The PR Adviser to nationaljeweler@lmrpr.com or contact her at lilian@lmrpr.com. Follow her on Facebook, Twitter, Instagram and Pinterest.
To determine whether someone’s use of a similar or identical trademark violates your trademark and whether legal action is warranted, consider the following.
1. Are you actually using your “identifier” in a manner that qualifies for trademark protection? This requires using the trademark in commerce, in connection with offering for sale the business’s goods or service. It’s not sufficient to use the company name, logo, or tagline on company letterhead or business cards.
The aforementioned must also appear on the product or the product’s packaging. If the trademark is used with a service, the trademark must appear with advertising for the service.
2. If you have trademark rights, have they actually been infringed? Just because a business owner has trademark rights, those rights do not absolutely prohibit anyone else from using the same name, logo or tagline.
You can prevent others from using your trademarks only if the other use is confusing. Your exact trademark can be used on substantially different products or in a substantially different industry. That’s why Delta Airlines can co-exist with Delta Faucets and Subaru Outback vehicles can co-exist with Outback Steakhouse.
3. Have you registered your trademark? Registration is not a pre-requisite for valid trademark rights; you instantly develop trademark rights by being the first to use the trademark in commerce in a particular geographic region.
Nevertheless, federal registration of the trademark with the U.S. Trademark Office does provide you with a number of additional benefits, including nationwide exclusivity, increased powers to enforce your trademark rights and eligibility to receive higher damage awards from the infringer with a successful trademark infringement lawsuit.
Without existing already as your attorney, dear designer, Joy isn’t able to make a definitive recommendation. She did add, however, that if your answer is yes to all three questions, you can potentially halt the Goliath’s actions with a cease-and-desist letter, and, of course, by filing a lawsuit.
Check out Joy’s book, “The Cyber Citizen’s Guide Through the Legal Jungle: Internet Law for Your Professional Online Presence,” which includes guidelines for determining your trademark rights and fully annotated examples of completed trademark registration applications.
Keep me posted on your fight. I want to toast with you when you win!
Until next time, faithful readers!
Lilian Raji is a strategic marketing and public relations adviser who helps luxury lifestyle brands sell more products to luxury buyers. Send questions for The PR Adviser to nationaljeweler@lmrpr.com or contact her at lilian@lmrpr.com. Follow her on Facebook, Twitter, Instagram and Pinterest.
More on Independents
The Latest
TrendsJun 20, 2025
Piece of the Week: Yvonne Léon’s ‘Python Gold’ BraceletThe bracelet references vintage high jewelry and snake symbolism as a playful piece where a python’s head becomes a working belt buckle.
CrimeJun 18, 2025
7 Men Indicted in $100M Brinks Jewelry HeistThe heist happened in Lebec, California, in 2022 when a Brinks truck was transporting goods from one show in California to another.
Brought to you by
Investing in the Next Generation of Bench JewelersThe Seymour & Evelyn Holtzman Bench Scholarship from Jewelers of America returns for a second year.
AuctionsJun 18, 2025
Historic ‘Marie-Thérèse Pink’ Diamond Fetches $14M at Christie’sThe 10-carat fancy purple-pink diamond with potential links to Marie Antoinette headlined the white-glove jewelry auction this week.
Weekly QuizJun 20, 2025
This Week’s QuizTest your jewelry news knowledge by answering these questions.
EditorsJun 18, 2025
Q&A: Caryl Capeci Dives Into Cruise Jewelry ShoppingThe Starboard Cruises SVP discusses who is shopping for jewelry on ships, how much they’re spending, and why brands should get on board.
AuctionsJun 18, 2025
16th-Century ‘Gresham Grasshopper’ Ring Sells for $56KThe historic signet ring exceeded its estimate at Noonans Mayfair’s jewelry auction this week.
Brought to you by
Jewelers of America is Headed to Las Vegas for JCK 2025The countdown is on for the JCK Las Vegas Show and JA is pulling out all the stops.
CollectionsJun 18, 2025
Kirk Kara Celebrates 135 Years With New JewelsTo mark the milestone, the brand is introducing new non-bridal fine jewelry designs for the first time in two decades.
SourcingJun 18, 2025
Gemfields Sells 36-Carat Rough RubyThe gemstone is the third most valuable ruby to come out of the Montepuez mine, Gemfields said.
TechnologyJun 18, 2025
Alex Brown Named President of Smithee GroupFounder and longtime CEO Ben Smithee will stay with the agency, transitioning into the role of founding partner and strategic advisor.
EditorsJun 17, 2025
The Best New Jewelry from Couture 2025, Part 1Associate Editor Natalie Francisco shares 20 of her favorite pieces from the jewelry collections that debuted at Couture.
ColumnistsJun 17, 2025
Peter Smith: Is Your Comp Plan a Hiring Hindrance?If you want to attract good salespeople and generate a stream of “sleeping money” for your jewelry store, then you are going to have to pay.
AuctionsJun 17, 2025
Colored Gemstones, Signed Jewels Shine in Sotheby’s High Jewelry SaleThe top lot was a colorless Graff diamond, followed by a Burmese ruby necklace by Marcus & Co.
MajorsJun 17, 2025
Amanda Gizzi Gets a Promotion at JAGizzi, who has been in the industry since 2001, is now Jewelers of America’s senior vice president of corporate affairs.
MajorsJun 17, 2025
Kering Names Automotive Exec as Its New CEOLuca de Meo, a 30-year veteran of the auto industry, will succeed longtime CEO François-Henri Pinault.
EditorsJun 16, 2025
Q&A: Bogolo Joy Kenewendo on Mining, Tariffs, and the Energy of Las VegasFollowing visits to Vegas and New York, Botswana’s minerals minister sat down with Michelle Graff to discuss the state of the diamond market.
MajorsJun 16, 2025
Ivette Nersesyan-Stephanopoulos Joins Tiffany & Co.The former De Beers executive is the jewelry house’s new director of high jewelry for the Americas.
MajorsJun 16, 2025
Catbird Names WNBA Star Nyara Sabally as Its New Brand AmbassadorThe New York Liberty forward is the first athlete to represent the Brooklyn-based jewelry brand.
CollectionsJun 13, 2025
Piece of the Week: Robinson Pelham’s Pear EarringsTake a bite out of the 14-karat yellow gold “Fruits of Love Pear” earrings featuring peridots, diamond stems, and tsavorite leaves.
Events & AwardsJun 13, 2025
AGA to Host ‘Diamonds From Mine to Market’ Education ConferenceThe one-day virtual event will feature speakers from De Beers, GIA, and Gemworld International.
EditorsJun 12, 2025
15 Questions With Jewelry Photographer Ella SophieThe California-based creative talks jewelry photography in the modern era and tackles FAQs about working with a pro for the first time.
AuctionsJun 12, 2025
Vintage Patek Philippe From the ‘50s Sells for $4M at Sotheby’s Al Capone’s pocket watch also found a buyer, though it went for less than half of what it did at auction four years ago.
Events & AwardsJun 12, 2025
Gabriel Love Foundation Introduces Scholarship Honoring Elias GabrielThe foundation has also expanded its “Stronger Together” initiative with Jewelers for Children.
AuctionsJun 12, 2025
Former De Beers Exec Celine Assimon Joins BonhamsAssimon is the auction house’s new chief commercial officer.
EditorsJun 11, 2025
Q&A: Al Cook on Differentiating Natural Diamonds, Traceability, and TariffsThe De Beers Group CEO discusses the company’s new “beacon” program, the likelihood diamonds will be exempt from tariffs, and “Origin.”
MajorsJun 11, 2025
Pandora Bets on Las Vegas for First North American FlagshipThe Danish jewelry giant hosted its grand opening last weekend, complete with a Pandora pink roulette wheel.
