SurveysJul 27, 2026
Jewelry Leads Luxury Market Amid Stabilization, Bain SaysBain & Company delved into the trends shaping the luxury market, the impact of AI, and more in its recent study.
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
SourcingJul 27, 2026
‘Rubies’ Goes on Display at Harvard MuseumThe exhibition reveals the gemology, geology, and cultural history of the iconic red gemstone.
Policies & IssuesJul 24, 2026
New Trump Tariffs: What They Mean for Jewelry The new sweeping slate of tariffs impacts 60 countries, including India, China, Thailand, Hong Kong, and the United Arab Emirates.
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.
TrendsJul 24, 2026
Amanda’s Style File: Ode to ‘The Odyssey’From coin pendants to diamond shields, these old world-inspired jewels are the perfect accessory for an epic journey.
Weekly QuizJul 23, 2026
This Week’s QuizTest your jewelry news knowledge by answering these questions.
TrendsJul 24, 2026
Courtney Leidy’s Silk Cord Pendants Center Unexpected Pairings Our Piece of the Week pairs a checkerboard-cut amethyst with an ivy green silk cord.
PodcastsJul 23, 2026
Episode 7: Reinhold Jewelers on the Power of RelationshipsMildred Marcano Abrams and Yael Reinhold join the podcast to talk community connections, holiday plans, and preserving Reinhold’s legacy.
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.
SourcingJul 23, 2026
De Beers’ Production Jumps 88 Percent in Q2 Production also was up in the first half of 2026 but is expected to “substantially” decrease in H2 as two key mines undergo maintenance.
CollectionsJul 23, 2026
Silvia Furmanovich’s New Collection Travels Back to the 1920s“Art Deco” fuses ancestral techniques, rare materials, and modern perspectives as a tribute to the optimism and curiosity of the movement.
IndependentsJul 23, 2026
Sissy's Log Cabin Opens Casino StoreThe jeweler’s newest store is inside Arkansas’ Saracen Casino Resort.
WatchesJul 23, 2026
Movado Inks Licensing Deal With Kate Spade New YorkThe watch company will design, manufacture, and distribute Kate Spade New York watches.
Policies & IssuesJul 22, 2026
Trump to Put 50% Tariff on Canadian Goods The higher tax is set to go into effect in August and will apply to loose polished diamonds as well as precious and base metals jewelry.
CollectionsJul 22, 2026
Monica Rich Kosann’s High Jewelry Is FruitfulThe “Enchanted Garden” series features a cherry, lemon, and pear that each hold a little secret inside.
IndependentsJul 22, 2026
Liljenquist Beckstead Opens Rolex New BoutiqueIt’s located in Tysons Galleria, an upscale shopping center in the Washington, D.C., metro area.
ColumnistsJul 21, 2026
Sherry Smith: Shattering the Illusion of the ‘Either/Or’ Diamond MarketSmith offers retailers guidance on creating an environment where natural and lab-grown diamonds can both thrive.
CollectionsJul 21, 2026
Graff’s New Butterfly High Jewelry Brooches MetamorphosizeThe 12-piece capsule collection transforms from brooches to pendants.
SourcingJul 21, 2026
Anglo Reportedly Selects Gareth Penny’s Consortium as Top Bidder for De BeersA Botswana government official told lawmakers Anglo has selected The Global Diamond Consortium, an entity chaired by Penny, to buy De Beers.
Policies & IssuesJul 20, 2026
Tariffs on Brazil to Increase But Rough Gemstones ExemptThe new tariff, imposed after a Trump administration study, is 25 percent and will stack on top of existing tariffs.
CollectionsJul 20, 2026
Vhernier Transforms ‘Freccia’ Collection Into High JewelryThe collection from 2014 has been reinterpreted into high jewelry with its signature triangular-shaped elements.
MajorsJul 20, 2026
Krista Collins Walters Promoted to Publisher of InstoreShe will also take on the role of vice president of jewelry for SmartWork Media, a newly created position.
Events & AwardsJul 20, 2026
TJS Accepting Speaker Proposals for 2027 EventOrganizers are looking for presentations on topics like manufacturing, technology and research, bench work, gemstones, and sustainability.
CollectionsJul 17, 2026
HOWL Taps Shailene Woodley for ‘Home Sweet Home’ CampaignWoodley is seen in the campaign wearing our Piece of the Week, the “Frida” collar featuring 13 pieces of hand-carved Venetian glass.
SourcingJul 17, 2026
U.K. Woman Pays £5 for £15K Diamond Ring at Car Boot SaleA WeBuyVintage jewelry expert uncovered how much the flea market find was actually worth.
SourcingJul 17, 2026
Diamond Dealer Jeff Pancis Pens MemoirThe founder of natural colored diamond wholesaler Pancis Gems shares stories from his five decades in the industry.
Events & AwardsJul 17, 2026
Gem Awards Opens 2027 Nomination PeriodSubmissions for the milestone 25th annual Gem Awards will be accepted across three categories from now through July 31.
EditorsJul 16, 2026
Q&A: Guzema’s Co-Owners On Its US Expansion, 10-Year AnniversaryValeriya Guzema and Mariana Lenha look back on the last decade and discuss the Ukrainian brand’s first U.S. store.
