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MajorsSep 08, 2015
David Yurman, Sam’s Club settle sales suit
Nearly a year after David Yurman sued the Walmart-owned retailer for allegedly selling its jewelry without authorization, the two parties have reached a settlement.
David Yurman has reached a settlement with Walmart-owned Sam’s Club in the trademark infringement, unfair competition, false designation of origin and tortious interference lawsuit it filed against the warehouse-style retailer last fall.
Houston--David Yurman and Sam’s Club have reached a settlement in the lawsuit the popular jewelry brand filed against the Walmart-owned warehouse-style retailer last fall.
As a result, the case has been dismissed with prejudice, meaning it cannot be revived.
No details of the settlement were disclosed.
David Yurman Enterprises LLC and David Yurman IP LLC filed suit against Sam’s Club East Inc. and Sam’s Club West Inc. in U.S. District Court in Houston in September 2014 after receiving complaints from retailers who spotted its pieces on Sam’s Club shelves.
David Yurman alleged that the retailer purchased its jewelry from one or more Houston-area jewelers and then resold it in stores using the brand’s point-of-sale materials, despite the fact that it is not an authorized Yurman retailer and knew those jewelers had signed non-resale agreements.
The lawsuit also stated that Sam’s Club was selling David Yurman jewelry online, though it apparently was removed around the time the lawsuit was filed and seemingly remains off the website.
In an answer filed this April, Sam’s Club admitted that it sourced David Yurman jewelry indirectly and sold it in some warehouse clubs but said the pieces were “lawfully acquired” and displayed only with small placard in a “standard and non-distinctive” font.
The retailer also said it was not “aware of any purported requirement or agreement between Yurman and its retailers,” court papers state.
Sam’s Club’s April answer came shortly after the federal judge overseeing the case denied the retailer’s request to throw out the lawsuit.
When the case was filed last year, an attorney for David Yurman hinted that the company could take legal action against the retailers that sold its jewelry to Sam’s Club if it learns their identities, something Sam’s Club had been refusing to reveal.
As of Tuesday, no such cases had been filed in the U.S. District Court for the Southern District of Texas. David Yurman Enterprises did not respond when asked about its earlier statements regarding retailers.
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