Independents

The PR Adviser: Dear Lilian …

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.

2016-Lilian-Raji.jpg
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.
Lilian Rajiis a strategic communications and PR adviser who helps companies understand their marketing problems, then designs and executes strategies to solve them.

The Latest

Sylvie Jewelry Auranova Collection Campaign Imagery
CollectionsApr 25, 2025
Sylvie Looks to Water in New Sculptural Bridal Collection

“Shell Auranova” is the next generation of the brand’s bridal line, featuring half-bezel engagement rings with bold and fluid designs.

Pomellato Nudo toi et moi ring
FinancialsApr 25, 2025
Kering’s Jewelry Brands Persevere as Q1 Sales Sink 14%

Boucheron and Pomellato performed well in an otherwise bleak quarter for Kering amid struggles at Gucci.

Deborah Meyers Experience The Birds Earrings
EditorsApr 25, 2025
Piece of the Week: Deborah Meyers Experience’s ‘The Birds’ Earrings

Designer Deborah Meyers created her birds from oxidized sterling silver, rose-cut diamond eyes, and Akoya Keshi pearl feathers.

ejap cohort 1872x1052.png
Brought to you by
Emerging Jewelers Accelerator Program Announces Second Cohort of Aspiring Jewelry Entrepreneurs

Six new retail businesses were selected for the 2025 program, which began in January.

Melee diamonds from De Beers
SourcingApr 25, 2025
De Beers Sales, Production Fall in Q1 Amid Uncertainty

The company said it expects sightholders to remain “cautious” with their purchasing due to all the unknowns around the U.S. tariffs.

Weekly QuizApr 24, 2025
This Week’s Quiz
Test your jewelry news knowledge by answering these questions.
Take the Quiz
LIM-401 2024 National Jeweler Supplier Bulletin- iD100 Web and Eblast FINAL (1).jpg
Supplier BulletinApr 24, 2025
Protect Your Customers and Your Business

Sponsored by the Gemological Institute of America

Wolf CEO Simon Wolf
EditorsApr 24, 2025
Q&A: Wolf’s CEO Talks U.S. Expansion

Simon Wolf shares why the time was right to open a new office here, what he looks for in a retail partner, and why he loves U.S. consumers.

gia1d100 btyb.jpg
Brought to you by
Protect Your Customers and Your Business

The risk of laboratory-grown diamonds being falsely presented as natural diamonds presents a very significant danger to consumer trust.

Charles & Colvard moissanite ring
FinancialsApr 24, 2025
Charles & Colvard Delisted From Nasdaq Due to Noncompliance

The company failed to file its quarterly reports in a timely manner.

Young Diamantaires
SourcingApr 24, 2025
Young Diamantaires Transition to Nonprofit

The organization also announced its board of directors.

Mined + Found "Hope" Matchbox Locket
TrendsApr 24, 2025
Amanda’s Style File: So Charming

Charms may be tiny but with their small size comes endless layering possibilities, from bracelets to necklaces and earrings.

Bulgari’s expanded factory in Valenza, Italy
MajorsApr 23, 2025
Bulgari Doubles Size of Jewelry Factory in Italy

Located in Valenza, the now 355,000-square-foot facility includes a new jewelry school that’s open to the public, Scuola Bulgari.

Jason McNary accepting FGI Fine Jewelry Rising Star award for Paola Sasplugas
Events & AwardsApr 23, 2025
PDPaola Creative Director Wins FGI’s ‘Rising Star’ Award

Paola Sasplugas, co-founder of the Barcelona-based jewelry brand, received the Fine Jewelry Award.

1999 Cosmograph Daytona, Ref.16516
AuctionsApr 23, 2025
Rare Custom Rolex Daytona Heads to Auction

A platinum Zenith-powered Daytona commissioned in the late ‘90s will headline Sotheby’s Important Watches sale in Geneva next month.

Carmelo Anthony and Jaylen Brown David Yurman campaign
MajorsApr 23, 2025
David Yurman’s New Campaign Stars Carmelo Anthony, Jaylen Brown

The basketball stars wear men’s jewelry from the “Curb Chain” collection.

Woman wearing Zales jewelry
MajorsApr 22, 2025
Zales’ Rebrand Takes Playful Approach to Fine Jewelry

The Signet Jewelers-owned retailer wants to encourage younger shoppers to wear fine jewelry every day, not just on special occasions.

JAR Apricot Blossom bracelet
AuctionsApr 22, 2025
Christie’s to Auction JAR Jewelry Collection

The 21 pieces, all from a private collector, will be offered at its Magnificent Jewels auction next month.

National Jeweler columnist Lilian Raji
ColumnistsApr 22, 2025
The PR Adviser: Building Buzz Through Word of Mouth

Lilian Raji answers a question from a reader who is looking to grow her jewelry business but has a limited marketing budget.

Avi Levy
GradingApr 22, 2025
Avi Levy Is GCAL By Sarine’s New Chief Growth Officer

GCAL by Sarine created the new role to sharpen the company’s focus on strategic partnerships and scalable expansion.

Cartier Exhibition Installation at Victoria & Albert Museum
Events & AwardsApr 21, 2025
An Exhibition Exploring the History of Cartier Is Now on Display

“Cartier: Design, Craft, and Legacy” opened earlier this month at the Victoria and Albert Museum in London.

Bill and Birdie Levine of Van Cott Jewelers
IndependentsApr 21, 2025
New York Jeweler to Close After 111 Years

Van Cott Jewelers in Vestal, New York, is hosting a going-out-of-business sale.

IJO Director Samantha Larson
IndependentsApr 21, 2025
IJO Names New Director of Vendor Relations, Merchandise Strategy

Industry veteran Samantha Larson has held leadership roles at Borsheims, McTeigue & McClelland, Stuller, and Long’s Jewelers.

Events & AwardsApr 21, 2025
Jewelers of Louisiana, Mississippi Jewelers Association to Co-Host Convention

The two organizations will hold the educational event together this fall in Mississippi.

Daymond John
Events & AwardsApr 18, 2025
Daymond John to Give Keynote at JCK Las Vegas

The entrepreneur and “Shark Tank” star will share his top tips for success.

Dukachi Easter Bread Pendant
CollectionsApr 18, 2025
Piece of the Week: Dukachi’s ‘Easter Bread’ Pendant

The Ukrainian brand’s new pendant is modeled after a traditional paska, a pastry often baked for Easter in Eastern European cultures.

Bremer Jewelry
IndependentsApr 18, 2025
Bremer Jewelry to Reveal Renovated Store

The jeweler has announced a grand reopening for its recently remodeled location in Peoria, Illinois.

Tiffany & Co. Strong Like Mom campaign
MajorsApr 18, 2025
Tiffany & Co. Employees Star in Mother’s Day Campaign

The “Strong Like Mom” campaign features moms who work at Tiffany & Co. and their children.

×

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