FinancialsMar 13, 2025
Brilliant Earth’s 2024 Sales Struggled Amid Engagement RecoveryCEO Beth Gerstein shared its most popular price points, what’s trending in non-bridal fine jewelry, and its holiday performance.
MajorsMay 19, 2017
Merit Diamond Wins $90K in Copyright Case Against Sears
The federal court in Miami issued the judgment against the department store chain and ordered it to stop selling the pendant that Merit claimed was a copy of its “Solitaire” design.
Miami--Merit Diamond Corp. has notched another legal victory protecting the intellectual property rights of its Sirena Collection.
In December, the Florida-based jewelry manufacturer filed a complaint against Sears, Roebuck & Co., Sears Holdings Management Corp., Sears Brands LLC, Kmart Operations LLC and Kmart Corp. in the U.S. District Court for the Southern District of Florida for “willful violation” of its copyright and trade dress rights related to the Sirena brand.
The company alleged that in November, one of its employees spotted a necklace similar to Merit’s Solitaire design, which was copyrighted in 2002, in a Sears store in Florida.
The same pendant also was later seen on both the Sears and Kmart websites, priced as low as $29.99, court papers state. 
Sears was once a Merit customer, selling the Sirena Collection and Solitaire design from 2003 until 2011.
Merit argued that the retailer knew about its copyright and trade dress but chose to copy the design anyway for financial gain, selling infringing necklaces at stores across the country.
On March 30, the defendants offered to allow entry of judgment to be taken against them in regards to the complaints, and Merit agreed.
The court issued a judgment in Merit’s favor April 13, ordering Sears to pay the company $90,000, which it already has done, and “further agree that any manufacture, distribution, and sale of the item claimed to be infringing by the plaintiff has stopped and will not be hereinafter recommenced,” court papers state.
After the judgement, Merit issued the following statement: “Merit Diamond Corporation has once again enforced its valuable intellectual property rights in its famous Sirena Collection in federal court in Miami, Florida. Merit successfully sued defendants Sears, Roebuck & Co., Sears Holdings Management Corporation, Sears Brands LLC, Kmart Operations LLC, Kmart Corporation, iStar Jewelry LLC, Yelnats Inc., and Stanley Creations Inc. for copyright and trade dress infringement due to their sale and manufacture of knockoff goods.”
Sears declined to comment on the judgment.
This isn’t the first time Merit has gone to court with claims that a company was knocking off the designs in its Sirena collection--it sued Samuels Jewelers Inc. in 2009 over Sirena, as well as SK Diamonds Inc. in 2011 and Sterling Jewelers Inc. in 2012.
A
Editors' Picks
Sponsored by
judge awarded Merit $7,500 in damages in the case involving SK Diamonds and prohibited the latter from making pendants that closely resembled Sirena pieces.
The Samuels and Sterling Jewelers lawsuits also were settled, though details of those settlements weren’t released.
Editor’s Note: This story was updated May 19 to reflect a response from Sears Holdings.
The Samuels and Sterling Jewelers lawsuits also were settled, though details of those settlements weren’t released.
Editor’s Note: This story was updated May 19 to reflect a response from Sears Holdings.
More on Majors
The Latest
CollectionsMar 13, 2025
Chopard Unveils High Jewelry Collection Created From 6,225-Carat Emerald The 15 pieces were crafted from the “Insofu” emerald, discovered in Zambia in 2010.
Lab-GrownMar 13, 2025
JA Offering Some ‘Counter Intelligence’ on Diamonds Jewelers of America is distributing a brochure for retailers to use when discussing the differences between natural and lab-grown 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
SourcingMar 12, 2025
5 Factors That Will Impact the Diamond Industry in 2025The industry is changing as it grapples with new realities around distribution, supply, and the need for consistent, effective marketing.
Weekly QuizMar 06, 2025
This Week’s QuizTest your jewelry news knowledge by answering these questions.
SourcingMar 12, 2025
Q&A: New GJEPC Chairman Kirit BhansaliBhansali discusses the potential impact of U.S. tariffs, demand for diamonds by market, and the “cautious confidence” in India right now.
Lab-GrownMar 12, 2025
Beyond Jewelry: Possibilities in the Lab-Grown Diamond SectorAs lab-grown diamond brands pop up across India, academics are researching how to grow demand outside of the jewelry industry.
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.
SourcingMar 12, 2025
Indian Leader, Retailer Among 2025 DDG Honorees Govind Dholakia and Tanishq will be recognized for their contributions to the industry at the Diamonds Do Good Awards in Las Vegas.
IndependentsMar 12, 2025
Marla Aaron Migrates to LondonThe New York City-based brand has opened its first U.K. location with a permanent shop-in-shop at Liberty in London.
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.
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.
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.
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.
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.
IndependentsMar 06, 2025
Wixon Jewelers to Close After 37 YearsFirst-generation jewelers Dan and Hope Wixon are retiring and will close their Minneapolis-area jewelry store in May.
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.
