I wanted to get some opinions on the recent lawsuit filed against three jewelry makers in WVA by Sabika LLC.
For those unfamiliar with Sabika, they make "hand made custom jewelry in Austria" and sell it through a network of independent consultants (think Amway or Mary Kay) at home parties and shows.Sabika is most famous for their chokers and bracelets in different color combinations of stones and metals.They have gone after three small companies in WVA for "Copyright Infringement" and "Brand Confusion/Dilution".
My question is: How can they claim ownership of stones mounted in a chain? Has this not been done since the bronze age thousands of years ago? I can understand if the aforementioned three companies were using their product names or brand names, but in relation to the jewelry only, what merit does the suit have?
I'm asking because we sell a similar product (we never mention Sabika or any of their products in any of our advertising, but our products do look similar as do any chokers with stones and bracelets with stones) and I want to know if they have any claim on the jewelry it's self.
Thanks in advance!
I haven't heard about the lawsuit or the other designers involved, so I can't really share my opinion on that.... but your post made me think of our free copyright eBook, so I thought I'd share it with you, in case you haven't seen it. Here's a ink:
It might not answer your questions but it is great info, nonetheless! Just fyi. Hope it's helpful.
Thanks for being part of JMD!
Thanks for the link! As I read what you have provided, I can't see how a choker with Swarovski stones could be copyrighted as the work is not original or unique. I would like to know what others think?
I found this about it sabikaglass.wordpress.com. I was wondering the same thing.