AuctionsMar 12, 2025
A Medieval Bishop’s Sapphire Ring Is Going Up for SaleA metal detectorist discovered the ring that is believed to have belonged to a bishop in the late 12th to early 13th century.
IndependentsSep 19, 2017
The PR Adviser: Dear Lilian …
Lilian Raji helps facilitate a conversation on how brands can determine if someone is violating their trademark and whether legal action is warranted.
Lilian Raji is a strategic marketing and public relations adviser who helps luxury lifestyle brands sell more products to luxury buyers.
Hello, my dear readers! It feels like forever since we last got together, no?
When we previously connected, some of us were curled up in a ball, nursing paper-cut wounds from pages of pre-Las Vegas paperwork; others were doing shots of Four Loko to stay awake through pre-Vegas prep; all were eager for a magnificent Vegas jewelry week.
So how was Vegas for you? Tell me!
Personally, I experienced thrilling and thought-provoking conversations. I saw gems of kingly opulence and subdued elegance. My body was exhausted when I left Vegas, but my mind was invigorated, renewed with profound love for our craft and an immense appreciation for the love each of you express in your work ... which brings us back to this column.
As I navigated the floors of Couture and JCK, I heard firsthand your challenges with marketing and promoting yourself in this industry. This column has always existed to help you with just that, and I’m honored by all of you who welcomed me into your booths and shared your stories.
For the next few months, this column will be about your challenges. The stories will remain mostly anonymous, sharing only names for those who would benefit from being highlighted. Everyone else: Your secret is safe with me.
If I didn’t meet you in Vegas, you are always welcome to email me your pressing PR questions, and I will address them in a future column.
Now, let’s begin!
------
Dear Lilian,
My brand has been around for almost two decades, and in all of that time, I’ve used the same tagline. Recently, a very well-known fashion brand has begun using my tagline in their recent campaign. What can I do?
Signed,
Imitation IS NOT the Sincerest Form of Flattery
My dear Imitation,
It’s a shame when titans of industry flaunt their army of lawyers to keep smaller brands intimidated. But good news for you: Your particular Goliath has faced a David in the past--and lost! Given how much I’ve loved your work since we first met at Couture in 2009, I’m happy to offer you some rocks to throw.
Although my youthful ambitions were towards becoming a lawyer, alas, my life took a different path--one that’s brought me here to point you in the right direction for finding justice.
That direction is to attorney and recent JA New York Show panelist Joy Butler. This is what she had to
Editors' Picks
Sponsored by
say when I told her what’s going on: “Her issue is a trademark or unfair competition issue, not a copyright issue. Briefly, copyright law protects original creative material such as books, films, visual art and even magazine columns. Trademark law protects one’s exclusive use of an identifier (e.g., branding) for the source of a specific product or service. The trademark-protected identifier can be a word, phrase, design, shape, color and, yes, a tagline.”
To determine whether someone’s use of a similar or identical trademark violates your trademark and whether legal action is warranted, consider the following.
1. Are you actually using your “identifier” in a manner that qualifies for trademark protection? This requires using the trademark in commerce, in connection with offering for sale the business’s goods or service. It’s not sufficient to use the company name, logo, or tagline on company letterhead or business cards.
The aforementioned must also appear on the product or the product’s packaging. If the trademark is used with a service, the trademark must appear with advertising for the service.
2. If you have trademark rights, have they actually been infringed? Just because a business owner has trademark rights, those rights do not absolutely prohibit anyone else from using the same name, logo or tagline.
You can prevent others from using your trademarks only if the other use is confusing. Your exact trademark can be used on substantially different products or in a substantially different industry. That’s why Delta Airlines can co-exist with Delta Faucets and Subaru Outback vehicles can co-exist with Outback Steakhouse.
3. Have you registered your trademark? Registration is not a pre-requisite for valid trademark rights; you instantly develop trademark rights by being the first to use the trademark in commerce in a particular geographic region.
Nevertheless, federal registration of the trademark with the U.S. Trademark Office does provide you with a number of additional benefits, including nationwide exclusivity, increased powers to enforce your trademark rights and eligibility to receive higher damage awards from the infringer with a successful trademark infringement lawsuit.
Without existing already as your attorney, dear designer, Joy isn’t able to make a definitive recommendation. She did add, however, that if your answer is yes to all three questions, you can potentially halt the Goliath’s actions with a cease-and-desist letter, and, of course, by filing a lawsuit.
Check out Joy’s book, “The Cyber Citizen’s Guide Through the Legal Jungle: Internet Law for Your Professional Online Presence,” which includes guidelines for determining your trademark rights and fully annotated examples of completed trademark registration applications.
Keep me posted on your fight. I want to toast with you when you win!
Until next time, faithful readers!
Lilian Raji is a strategic marketing and public relations adviser who helps luxury lifestyle brands sell more products to luxury buyers. Send questions for The PR Adviser to nationaljeweler@lmrpr.com or contact her at lilian@lmrpr.com. Follow her on Facebook, Twitter, Instagram and Pinterest.
To determine whether someone’s use of a similar or identical trademark violates your trademark and whether legal action is warranted, consider the following.
1. Are you actually using your “identifier” in a manner that qualifies for trademark protection? This requires using the trademark in commerce, in connection with offering for sale the business’s goods or service. It’s not sufficient to use the company name, logo, or tagline on company letterhead or business cards.
The aforementioned must also appear on the product or the product’s packaging. If the trademark is used with a service, the trademark must appear with advertising for the service.
2. If you have trademark rights, have they actually been infringed? Just because a business owner has trademark rights, those rights do not absolutely prohibit anyone else from using the same name, logo or tagline.
You can prevent others from using your trademarks only if the other use is confusing. Your exact trademark can be used on substantially different products or in a substantially different industry. That’s why Delta Airlines can co-exist with Delta Faucets and Subaru Outback vehicles can co-exist with Outback Steakhouse.
3. Have you registered your trademark? Registration is not a pre-requisite for valid trademark rights; you instantly develop trademark rights by being the first to use the trademark in commerce in a particular geographic region.
Nevertheless, federal registration of the trademark with the U.S. Trademark Office does provide you with a number of additional benefits, including nationwide exclusivity, increased powers to enforce your trademark rights and eligibility to receive higher damage awards from the infringer with a successful trademark infringement lawsuit.
Without existing already as your attorney, dear designer, Joy isn’t able to make a definitive recommendation. She did add, however, that if your answer is yes to all three questions, you can potentially halt the Goliath’s actions with a cease-and-desist letter, and, of course, by filing a lawsuit.
Check out Joy’s book, “The Cyber Citizen’s Guide Through the Legal Jungle: Internet Law for Your Professional Online Presence,” which includes guidelines for determining your trademark rights and fully annotated examples of completed trademark registration applications.
Keep me posted on your fight. I want to toast with you when you win!
Until next time, faithful readers!
Lilian Raji is a strategic marketing and public relations adviser who helps luxury lifestyle brands sell more products to luxury buyers. Send questions for The PR Adviser to nationaljeweler@lmrpr.com or contact her at lilian@lmrpr.com. Follow her on Facebook, Twitter, Instagram and Pinterest.
More on Independents
The Latest
Events & AwardsMar 12, 2025
JA New York Announces Education, Live Demo LineupsOrganizers looked to new partnerships and interactive experiences to enhance the spring show, set for March 16 to 18.
Events & AwardsMar 12, 2025
Bogolo Joy Kenewendo to Speak at Annual JVC LuncheonKenewendo, Botswana’s minister of minerals and energy, will discuss the future of diamonds.
Brought to you by
Watch: GIA Field Gemology at the One-Hundredth Expedition: A Look Back and to the FutureSupplier Spotlight Sponsored by GIA
CrimeMar 11, 2025
Man in Florida Swallows Allegedly Stolen Tiffany & Co. Jewelry The suspect allegedly stole almost $800,000 worth of diamond jewelry from a store in Orlando and then swallowed it during a traffic stop.
Weekly QuizMar 06, 2025
This Week’s QuizTest your jewelry news knowledge by answering these questions.
ColumnistsMar 11, 2025
Creative Connecting: How to Pose on the Red CarpetAhead of the Gem Awards on Friday, Jen Cullen Williams and Duvall O’Steen share pro tips for taking the best photos.
CollectionsMar 11, 2025
Marco Bicego Celebrates 25 Years With Collection, CampaignFounded in 2000, Marco Bicego is commemorating its milestone anniversary with a “25 Best” collection and campaigns honoring its heritage.
Brought to you by
Natural Diamonds Should Mean MoreNatural diamonds mean more than lab-grown, but when every cut is ideal, they all look the same. Customers want more—Facets of Fire delivers.
TechnologyMar 11, 2025
Hill & Co. Launches New B2B Buyer DatabaseThose attending the company’s upcoming Zoom workshop will receive early access to “The List,” its new resource for finding buyers.
Events & AwardsMar 11, 2025
JSA to Honor GIA Employee at Annual LuncheonThe organization will present an award to Amy-Elise Signeavsky, law enforcement and diamond recovery manager at GIA.
MajorsMar 10, 2025
Terry Chandler to Retire After 24 Years as Head of DCA Chandler started his jewelry career at Michelson Jewelers, joining the Diamond Council of America as president and CEO in 2001.
CollectionsMar 10, 2025
MaeVona Co-Founder Debuts 3D-Printed ‘Tùsaire’ CollectionScottish American designer Maeve Gillies collaborated with Platinum Guild International on jewelry created by direct metal 3D printing.
Events & AwardsMar 10, 2025
The Jewelry Symposium Announces 2025 Scholarship WinnersAhead of its trade show in May, TJS awarded free registration and accommodations to five up-and-coming jewelry industry professionals.
Events & AwardsMar 10, 2025
These Designers, Journalists, and Retailers Are Up for a Gem Award The 2025 Gem Awards are set to take place Friday at Cipriani 42nd Street in New York City.
MajorsMar 07, 2025
Jane Fonda, Mariska Hargitay Star in Pomellato’s IWD CampaignThe annual star-studded campaign for International Women’s Day encourages collective action against domestic violence.
CollectionsMar 07, 2025
Piece of the Week: Yeprem’s ‘Golden Strada’ NecklaceThe statement piece is seen in Yeprem’s new “You Play the Game” campaign, created for International Women’s Day.
MajorsMar 07, 2025
Borsheims Names New Senior Security and Facilities ManagerLongtime employee Kyle Slosson has been promoted to the role.
CollectionsMar 06, 2025
Guzema, 3.1 Phillip Lim Collab on New ‘Snake’ DesignsThe limited-edition collection, a nod to the Year of the Snake, is Ukrainian brand Guzema’s first partnership with a U.S. brand.
IndependentsMar 06, 2025
Stephen Barnes Is the New Owner of IJOAfter more than 50 years, Jeff Roberts is handing over ownership of the organization to IJO President Stephen Barnes.
Events & AwardsMar 06, 2025
Borsheims’ ‘Ike-It’ Award Goes to JewelerSenior Jeweler Jay Wolff was named employee of the year.
MajorsMar 05, 2025
Neiman Marcus’ Dallas Flagship Store to Close, Confirms Saks GlobalThe 111-year-old store will close following a dispute among Saks Global, a landlord, and the City of Dallas over a small piece of land.
AuctionsMar 05, 2025
Sotheby's To Auction 51 ‘Alien’ WatchesThe upcoming “Area_51” watch sale is a collaboration with heist-out, featuring vintage and modern timepieces with futuristic designs.
MajorsMar 05, 2025
Jewelers of America Unveils 3-Year Strategic Plan The trade organization, which will mark 120 years of service next year, has a refined focus and a new mission statement.
Events & AwardsMar 05, 2025
92NY Accepting 2025 Jewelry Artist Residency ApplicationsThe application period is now open for established and emerging jewelers and metalsmiths to apply to the month-long residency program.
CrimeMar 04, 2025
4 Suspects Arrested in Fatal Armed Robbery of California Jewelry Store Uc Thí Vo, who co-owned Kim Tin Jewelry in Sacramento with her husband of 40 years, was killed during the November 2024 robbery.
CrimeMar 04, 2025
NYC Diamond Dealer Pleads Guilty to Lab-Grown Diamond SwapsManashe Sezanayev pleaded guilty to grand larceny and is expected to receive five years’ probation when he’s sentenced in May.
TrendsMar 04, 2025
Amanda’s Style File: Peaceful and Powerful AquamarineThe March birthstone pairs perfectly with hues of Mocha Mousse, Pantone’s Color of the Year for 2025.
