CrimeFeb 27, 2026
Man Charged in Murders of Father, Son Jewelers in ChicagoChicago police and members of the U.S. Marshals Service tracked down the 35-year-old suspect earlier this week in St. Louis.
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.
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.
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.
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.
More on Events & Awards
The Latest
SourcingFeb 27, 2026
South African Diamond Mine Closes Amid Search for Missing WorkersOwners of the Ekapa Mine reportedly filed for liquidation about a week after a mudslide trapped five workers who have yet to be found.
MajorsFeb 27, 2026
Jewelers Mutual to Donate $10M to Savannah College of Art and DesignA 10-year alliance has also begun to address the shortage of bench jewelers through scholarships, enhanced programs, and updated equipment.
Brought to you by
Is This You? Every Jeweler Has This Problem; We Have the Solution.Every jeweler faces the same challenge: helping customers protect what they love. Here’s the solution designed for today’s jewelry business.
CollectionsFeb 27, 2026
Renato Cipullo Turns Gold into HardstonesThe “Splendente” collection has evolved to feature hardstone letter pendants, including our Piece of the Week, the onyx “R.”
Weekly QuizFeb 26, 2026
This Week’s QuizTest your jewelry news knowledge by answering these questions.
AuctionsFeb 26, 2026
Noonans to Auction Lady Wardington’s JewelryThe jewelry collection belonged to “one of society's most glamorous and beautiful women of the mid-20th century,” said the auction house.
SourcingFeb 26, 2026
Anglo American CEO Gives Insight Into De Beers SaleThe update came as Anglo took its third write-down on the diamond miner and marketer, which lost more than $500 million in 2025.
Brought to you by
DCA Enters a New Chapter in Jewelry EducationWith refreshed branding, a new website, updated courses, and a pathway for growth, DCA is dedicated to supporting retail staff development.
ColumnistsFeb 26, 2026
Practical Ways Jewelers Can Leverage AI in 2026Emmanuel Raheb discusses the rise of “GEO” and the importance of having well-written, quality content on your website.
CrimeFeb 26, 2026
Three Sentenced in California Jewelry HeistEach received around four years for burglarizing a jewelry store and a coffee shop in Simi Valley, California, last May.
TrendsFeb 25, 2026
Engagement Ring Trends 2026: What’s In, and WhyWe asked a jewelry historian, designer, bridal director, and wedding expert what’s trending in engagement rings. Here’s what they said.
SourcingFeb 25, 2026
7 Trends That Could Define the Diamond Industry’s FutureExperts from India weigh in the politics, policies, and market dynamics for diamantaires to monitor in 2026 and beyond.
EditorsFeb 25, 2026
Q&A: Brilliant Earth’s CEO on the New Beverly Hills StoreBeth Gerstein discusses the vibe of the new store, what customers want when fine jewelry shopping today, and the details of “Date Night.”
PodcastsFeb 25, 2026
Episode 2: Jewelry Trends & Does the Red Carpet Matter?Are arm bands poised to make a comeback? Has red-carpet jewelry become boring? Find out on the second episode of the “My Next Question” podcast.
WatchesFeb 25, 2026
Private Equity Firms Write Down Value of Breitling, Report SaysThe Swiss watchmaker is battling declining sales amid a rapid retail expansion, according to a Financial Times report.
CollectionsFeb 25, 2026
Rahaminov Diamonds’ New Campaign Honors Its MatriarchThe campaign celebrates Giustina Pavanello Rahaminov, the co-founder’s wife and matriarch of the family-owned brand, for her 88th birthday.
IndependentsFeb 25, 2026
Borsheims Names 2025 ‘Ike-It’ Award WinnerRachel Bennett, a senior jeweler who has been with Borsheims since 2004, earned the award.
Policies & IssuesFeb 24, 2026
IEEPA Tariffs Terminated, New 10% Tariff Already ImposedAfter the Supreme Court struck down the IEEPA tariffs, President Trump imposed a 10 percent tax on almost all imports via a different law.
IndependentsFeb 24, 2026
Sherry Smith Now Principal Partner at The Retail SmithsThe industry veteran, who was with The Edge Retail Academy for 14 years, joins her husband at the company he founded in 2022.
IndependentsFeb 24, 2026
Yafa Signed Jewels to Open Store in MiamiThe vintage signed jewelry retailer chose Miami due to growing client demand in the city and the greater Latin American region.
WatchesFeb 24, 2026
Chrono24 Names New VP, U.S. General ManagerFormer Flight Club executive Jin Lee will bring his experience from the sneaker world to the pre-owned watch marketplace.
SourcingFeb 23, 2026
Designer Eddie Sakamoto, a Humble Artist, Dies at 72Sakamoto, who died in mid-January following a sudden illness, is remembered for his humility and his masterful, architectural designs.
TrendsFeb 23, 2026
Dua Lipa Is Bulgari’s New AmbassadorBulgari chose the British-Albanian singer-songwriter for her powerful and enduring voice in contemporary culture, the jeweler said.
Policies & IssuesFeb 20, 2026
Supreme Court Rules Against Most of President Trump’s TariffsIn a 6-3 ruling, the court said the president exceeded his authority when imposing sweeping tariffs under IEEPA.
ColumnistsFeb 20, 2026
Peter Smith: Happiness, Cavemen, and Jewelry SalesSmith encourages salespeople to ask customers questions that elicit the release of oxytocin, the brain’s “feel-good” chemical.
MajorsFeb 20, 2026
Jewelers Vigilance Committee Names Julie Yoakum Board ChairJVC also announced the election of five new board members.
CollectionsFeb 20, 2026
Boucheron’s ‘Faisceaux’ Brooch Heads to V&A MuseumThe brooch, our Piece of the Week, shows the chromatic spectrum through a holographic coating on rock crystal.
