EditorsJun 22, 2026
15 Pieces of Jewelry That Brought Us Joy in Vegas Whether they evoked nostalgia, wonder, or laughter, these jewels put a smile on our faces.
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.
Editors' Picks
Sponsored by
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
WatchesJun 22, 2026
Snoopy Inspires New ‘Flying Ace’ Ball WatchThe beloved beagle dons his aviator outfit for the new Engineer Master II Snoopy Flying Ace timepiece.
AuctionsJun 18, 2026
Paraíba Tourmalines Sell for $3.4M at Sotheby'sThe recent high jewelry auction, which also featured the sale of a 10-carat blue diamond, was “a celebration of color.”
Brought to you by
Wedding Band Trends 2026: Personalization Takes Center StageColored gemstones, artisan finishes, mixed metals, and meaningful details are shaping demand in bridal jewelry.
CollectionsJun 18, 2026
Michelle Obama Wears Almasika Earrings Symbolizing Feminine PowerShe wore the “Le Cauri Endiamanté” earrings, our Piece of the Week, in the Obamas’ first dual portrait for the Obama Presidential Center.
Weekly QuizJun 17, 2026
This Week’s QuizTest your jewelry news knowledge by answering these questions.
PodcastsJun 17, 2026
Episode 6: Las Vegas 2026-Trends, Traffic, Broken BathroomsCouture’s Michelle Orman joins Amanda Gizzi and Michelle Graff for this special post-Market Week episode of My Next Question.
GradingJun 17, 2026
SSEF Issues Warning on Refilled EmeraldsThe lab is seeing emeralds with filler added post-testing enter the market, accompanied by reports that indicate little to no treatment.
Brought to you by
Building the Future of Jewelry Retail: DCA Expands Education, Leadership Development, and Workforce SolutionsDCA is preparing the next generation of professionals by supporting workforce development, leadership growth, and career advancement.
WatchesJun 17, 2026
Patek Philippe’s ‘Visionary’ Leader Philippe Stern Dies at 88 The third generation of the Stern family to head Patek Philippe, he navigated the “quartz crisis” and preserved the brand’s independence.
MajorsJun 17, 2026
James Avery to Revamp In-Store Retail ExperienceThe Texas-based jeweler is gradually rolling out a new experience-forward layout in its stores.
MajorsJun 17, 2026
Seahawks’ Super Bowl Ring Blends Meaningful Design, Technical CraftsmanshipThe Super Bowl LX champions were honored with diamond and blue sapphire rings by Jason of Beverly Hills.
Policies & IssuesJun 17, 2026
Community for Ethical Jewelry Names New Executive DirectorMarianna Smirnova previously spent a decade working with the Responsible Minerals Initiative, in addition to other relevant roles.
MajorsJun 16, 2026
5 Things to Know About the 2026 NBA Championship TrophyThe New York Knicks took home the Larry O'Brien Trophy crafted by Tiffany & Co.
TrendsJun 16, 2026
Post-Vegas Jewelry Trend Report: Big Beads, Western Flair, White MetalsAssociate Editor Natalie Francisco lists the trends she spotted during Jewelry Market Week that will dominate the second half of 2026.
SourcingJun 16, 2026
GemGuide Updates Ruby PricesIts app now reflects increased prices for Mozambique ruby, as well as changes to its Burma ruby charts.
MajorsJun 16, 2026
Sasha Primak Hires New Design DirectorThe manufacturer has tapped Alicia Arnold, the former director of custom design at Tiny Jewel Box.
IndependentsJun 15, 2026
DeBoulle Diamond & Jewelry to Renovate Dallas FlagshipThe revamped, elevated space will feature a two-story Patek Philippe atelier and a rooftop patio for parties.
WatchesJun 15, 2026
G-Shock, Coca-Cola Partner on Bottle-Inspired WatchThe special-edition piece marks the 140th anniversary of the iconic beverage brand.
TrendsJun 15, 2026
Amanda’s Style File: Tiny Charms Are TrendingHere are 13 small charms to inspire your layered looks this summer.
AuctionsJun 12, 2026
16th-Century ‘Hogback’ Diamond Ring Going Up for Auction in LondonFound by a metal detectorist, the ring likely belonged to a wealthy, possibly royal, owner, said Noonans.
CollectionsJun 12, 2026
Chouette Designs To Launch Collection Celebrating All Types of LoveOur Pride Month Piece of the Week, the “Margaux” ring, is part of the wife-and-wife team’s new “Lovestoned” collection.
Events & AwardsJun 12, 2026
CBG Announces Plans for Phoenix ShowThe group has named the keynote speaker and announced a new pavilion for its next event, which is slated for September.
EditorsJun 11, 2026
This Was the Best Animal Jewelry in Las Vegas From lions and hippos to snails and fish, Senior Editor Lenore Fedow wrangles her picks for cutest jewelry critters in Las Vegas.
SourcingJun 11, 2026
Grandview Klein, London Jewelers Partner To Cut 63-Carat RoughThe big stone will be fashioned into a 20.26-carat diamond in celebration of the retailer’s 100th anniversary this year.
MajorsJun 11, 2026
Former Cartier Creative Director To Head Chanel’s Jewelry Creation StudioMarie-Laure Cérède will join Chanel as the new director of its jewelry creation studio, starting in October.
Lab-GrownJun 11, 2026
Smiling Rocks’ ‘Wish Jar’ Generates 100+ Wishes in Las Vegas At the JCK show, the lab-grown diamond brand teamed up with Jewelers for Children to support Make-A-Wish India.
SourcingJun 11, 2026
Signet Jewelers Exec Joins Diamonds Do Good BoardIlana McCabe is Signet’s vice president of public relations and brand communications.
