Events & Awards

Copyright, Trademark, Patent: Do You Know the Difference?

Events & AwardsMay 02, 2018

Copyright, Trademark, Patent: Do You Know the Difference?

National Jeweler recaps a recent primer on intellectual property law led by Jewelers Vigilance Committee Senior Counsel Sara Yood.

2018_Copyright_image.jpg
Nashville, Tenn.—Jewelers Vigilance Committee Senior Counsel Sara Yood delivered a primer on intellectual property law at AGS Conclave, outlining the differences among patents, copyrights and trademarks, and reviewing personal rights as they pertain to social media.

She started with the intellectual property for which protection is simplest to obtain: copyright.

Copyright grants the creator of an “original work” exclusive rights to its use and distribution for the life of the last-living author, plus another 70 years.

Copyright covers a wide range of works, including movies, literary works, choreography, photography and visual arts, which includes jewelry design.

After copyright expires, the work becomes part of the public domain and is free for anyone to use. (According to an article published by The Atlantic last month, there is a “landslide” of classic art set to enter the public domain in the United States next year.)

An individual does not need to file anything to officially get a copyright. In the U.S., copyright is automatically secured when a work is created and “fixed in a tangible medium,” meaning a copy is made. For a piece of jewelry, an original drawing of a piece of jewelry is considered a copy.

However, Yood said, if an individual wants her or his work to stand up in court, it should be registered with the U.S. Copyright Office, which can be done fairly simply online for $35 or by mail for $65.

While the bar is “very low” for originality when it comes to obtaining a copyright registration, the bar for defending a work in court is substantially higher. The more original a design, the easier it will be for a designer or retailer to win a copyright infringement case.

A trademark, or service mark, is for words, names, symbols, devices (including colors or smells) or any combination thereof that are used to identify goods or services. The purpose of a trademark is two-fold: to distinguish a product as coming from a particular source and to assure the buyer a consistent level of quality in the goods sold under that trademark. The Nike Swoosh is one example, as is the robin’s egg blue color Tiffany & Co. has trademarked for its boxes and bags.

One facet of trademark law Yood reviewed that many in the room—and perhaps many in the industry—seem unaware of is the National Gold & Silver Stamping Act requirement that all precious metal items stamped with a quality mark (14K, 925, etc.) also must be stamped with the producer’s federally registered trademark. This acts as a guarantee of the stated fineness of the precious metal, she said.


Once obtained, trademark protection is indefinite, unless it is deemed to have been abandoned (meaning no longer used) or have become a generic term for the products it represents, like Murphy bed, aspirin and thermos. Known as genericide, this is what Tiffany was fighting against in its legal row with Costco over the term “Tiffany setting,” a battle that it ultimately won.

 Trademark law is more complicated than copyright law, and while there are tools available for the public to use—individuals can search the U.S. Patent & Trademark Office (USPTO) database and the JVC also maintains an online bank of generic and descriptive terms that can’t be trademarked—ultimately, Yood recommended hiring an attorney.

The costs involved in obtaining a trademark vary but, not counting attorney’s fees, it’s around $450 per mark. It’s worth noting, she said, that trademark applications are public record, so any information that’s entered will be searchable online.

Yood also recommended hiring an attorney for patents, two types of which are relevant to the jewelry industry.

A utility patent protects an invention or the discovery of a new and useful process or machine, or any improvements upon either one. It is active for 20 years from the filing date of the first application. A design patent covers design and is good for 14 years.

The USPTO handles patents too and, as with trademarks, has assistance programs available to those who are unable to afford an attorney.
In her presentation, Yood also covered an area of intellectual property law for which relevance has increased with the advent of social media: the right of publicity.

The right of publicity refers to an individual’s right to control the commercial use of her or his name, image, likeness or other aspects of identity. It is generally considered a property right, which it means it continues even after an individual dies.

It is a state-based right and therefore varies from state to state, with some states—like New York, California and Tennessee (because of Elvis, Yood said)—having more protection for individuals than others.

What this means, she added, is that retailers and designers cannot use an image of a celebrity wearing their jewelry without her or his permission or the permission of an agent for that individual. It’s also worth noting that licensing rights also have to be obtained for photos taken by services like Getty Images.

Publicity rights extend to images posted by a celebrity on her or his personal Instagram page or other social media sites. Individuals, Yood said, are in no way releasing rights to the commercial use of their image simply by sharing it on social media. 
Michelle Graffis the editor-in-chief at National Jeweler, directing the publication’s coverage both online and in print.

The Latest

Lightbox x Roséate Light Wand pendants
Lab-GrownDec 01, 2023
Lightbox Teams Up With Brand Founded by Former Tiffany Exec

The lab-grown diamond brand also collaborated with the website The Future Rocks on a collection launching today.

Lila Moss Calvin Klein campaign
FinancialsDec 01, 2023
Movado Lowers Guidance Again After Q3 Sales Dip

The company said it is facing a “challenging retail environment” but is prepared for the holiday season.

Muzo emerald and argyle pink diamond necklace
CollectionsDec 01, 2023
Piece of the Week: Muzo’s Emerald and Argyle Pink Diamond Necklace

It’s the hero piece of the newest "Green Jewel" collection, a collaborative offering from the two mines.

Platinum  Guild International Diamond Rings
Brought to you by
If It’s Custom, Make It Platinum

With holiday proposals right around the corner, encourage your customers to go for platinum when making the big purchase.

Pink Supreme Diamond
AuctionsNov 30, 2023
This Pink Diamond Reigned Supreme in Hong Kong

The 15.48-carat fancy intense “Pink Supreme” topped Christie’s fall jewelry auction in Asia, while a Patek Philippe led the watch sale.

Weekly QuizNov 30, 2023
This Week’s Quiz
Test your jewelry news knowledge with this short test.
Take the Quiz
Claire’s CFO COO Chris Cramer
MajorsNov 30, 2023
Claire’s Hires Former Bath & Body Works Exec as CFO, COO

Chris Cramer, who also spent time at Gen Z intimates brand Parade, will take on the dual role.

133 carat yellow diamond
AuctionsNov 30, 2023
Sotheby’s To Auction 133-Carat Yellow Diamond

The stone headlining the upcoming sale could fetch up to $5 million.

IGI-BTYB-103023.jpg
Brought to you by
Did You Know? The Vital Role of IGI: The International Gemological Institute

In a world where the sparkle of a gemstone is only as brilliant as the trust behind it, IGI's purpose is truly invaluable.

Kwiat diamonds
IndependentsNov 30, 2023
Frank Adams Rolls Out Kwiat’s ‘Mine to Shine’ Program

The retail offering lets customers track their diamond’s journey.

Diamond development hub in Angola
SourcingNov 29, 2023
Largest New Diamond Mine of the Decade Coming Online in Angola

The Luele mine is expected to eventually make the country the world’s third-largest diamond producer.

Holiday shoppers holding bags
SurveysNov 29, 2023
Holiday Shoppers Broke a Record This Weekend, Says NRF

From Thanksgiving through Cyber Monday, 200.4 million consumers shopped online and in stores.

Cast StyleBar Nordstrom
MajorsNov 29, 2023
Cast Debuts at Nordstrom, Closes on More VC Funding

The growing company also plans to open more of its own boutiques.

20180509_Buffett-header.jpg
EditorsNov 29, 2023
Warren Buffett on Success, Mistakes and Betting on America

The best quotes from the Oracle of Omaha and his right-hand man Charlie Munger from the 2018 Berkshire Hathaway shareholders meeting.

J. Dostie Jewelers
IndependentsNov 28, 2023
Maine Jeweler to Relocate After 76 Years

J. Dostie Jewelers will move from Lewiston to Yarmouth this spring.

Finks Jewelers new store
IndependentsNov 28, 2023
Fink’s Jewelers Opens 10th Store

It’s the company’s second location in Tennessee.

Mary Tyler Moore and a pair of Elsa Peretti Bone Cuffs
AuctionsNov 28, 2023
Mary Tyler Moore’s Jewelry Is Up For Auction

You can have this jewelry, why don’t you take it?

De Beers Metamorphosis high jewelry earrings
EditorsNov 27, 2023
10 Tips for Selling Diamonds This Holiday Season

Sales experts and a diamantaire share their best advice on how to send customers home with diamond jewelry.

Platinum Born new collection
CollectionsNov 27, 2023
See the New ‘Platinum Born’ Jewelry

The brand has released five new collections.

Frank Adams Jewelers
IndependentsNov 27, 2023
Frank Adams Jewelers Named ‘Family Business of the Year’

The Albany Business Review recently honored the 100-year-old company.

GIA Dr. John W. Valley
GradingNov 27, 2023
Dr. John W. Valley Retires from GIA Board of Governors

To honor his legacy, GIA has set up a scholarship in his name.

Stock image of police car with its lights on
CrimeNov 22, 2023
JSA Warns of Surge in Attacks on Jewelers on the Road

There have been eight attacks in the last month, spanning from a jewelry store parking lot in Rhode Island to highways in California.

Buddha Mama citrine bangle
TrendsNov 22, 2023
Amanda’s Style File: November Glow

These 15 pieces of jewelry celebrate November babies and the hues of citrine and topaz that reflect the colors of the season.

Columbia Gem House fundraiser
SourcingNov 22, 2023
Columbia Gem House Raises $12K for Wildlife

The money will help a nonprofit rehabilitate sea turtles.

Facet Barcelona factory opening
MajorsNov 22, 2023
Facet Barcelona Opens New Factory in Spain

The jewelry manufacturer said it can now better serve the North American market.

David Yurman holiday campaign
TechnologyNov 21, 2023
See David Yurman’s New High-Tech Holiday Campaign

The jewelry brand takes viewers through a virtual winter wonderland set in New York City.

Rough diamonds from De Beers Gahcho Kue mine
SourcingNov 21, 2023
De Beers’ Rough Diamond Sales Sink to $80M

India’s voluntary moratorium on rough diamond imports coupled with a stunted recovery in China continue to impact the miner.

Smart Age Solutions founder and CEO Emmanuel Raheb
ColumnistsNov 21, 2023
The Smart Lab: Score Big During Football Season With Hulu Advertising

Emmanuel Raheb outlines three reasons why Hulu advertising and football can be a game changer for your jewelry store’s marketing.

×

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