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Course Details

Course Information
  • smart_display Format

    On-Demand

  • signal_cellular_alt Difficulty Level

  • work Practice Area

    Trademark and Copyright

Date & Time
  • event Date

    Tuesday, September 13, 2022

  • schedule Time

    1:00 p.m. ET./10:00 a.m. PT

  • timer Program Length

    90 minutes

Credit Information

  • This 90-minute webinar is eligible in most states for 1.5 CLE credits.

$347.00
CLE
ALL

This CLE webinar will guide IP counsel on IP infringement related to designer and knock-off jewelry. The panel will analyze copyright, trademark, and trade dress law as applied to knock-off jewelry. The panel will address what is needed to establish a claim under each area of law and provide practical tips to avoid legal problems.

Faculty

Charlene A. Azema
Partner
Knobbe Martens

Ms. Azema counsels clients in domestic and international trademark and copyright portfolio management, including clearance, prosecution, licensing and enforcement. She represents clients in several industries including fashion and apparel, food and beverage, entertainment, technology and electronic devices, medical devices and services, chips and semiconductors, consumer goods, and restaurant services, among many others.

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Daliah Saper
Principal
Saper Law Offices, LLC

Ms. Saper is a trademark, copyright, media, and business attorney and is the Founder of Saper Law. She is also an Adjunct Professor at Loyola University Chicago School of Law, teaching a Sports and Entertainment Law course.

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Description

Under copyright law, the IP owner does not need to register the work to receive protection, registration is evidence of the work's originality. It is also necessary to sue in federal court and force the alleged infringer to demonstrate that the work is unoriginal or cannot be copyrighted. The substantially similar test puts designers on notice that their jewelry designs, even if inspired by famous designers, need to be distinguishable or infringement concerns will likely arise.

Once the federal district court in Van Cleef & Arpels Logistics, S.A. v. Landau Jewelry concluded a design was copyrightable, it evaluated whether the allegedly infringing design was substantially similar to the copyrighted design using the two-part test: are the objective details of the knock-off design substantially similar to the original designer and would an ordinary observer view the knock-off's concept and feel as substantially similar to the original.

Further, more jewelers are selling their jewelry on online platforms, such as Etsy. Copyright protection is critical to guard against being copied in online marketplaces. Copyright registration also permits designers to issue DMCA takedown notices with online platforms.

Trademark and trade dress law also may offer protection, but there are obstacles, such as functionality, which must be overcome.

Listen as our authoritative panel of IP attorneys analyzes copyright, trademark, and trade dress law as applied to knock-off jewelry. The panel will address what is needed to establish a claim under each area of law and provide practical tips to avoid legal problems.

Outline

  1. Copyright law as applied to knock-off jewelry
    1. Protection provided
    2. Establishing a claim
    3. Avoiding legal issues
  2. Trademark as applied to knock-off jewelry
    1. Protection provided
    2. Establishing a claim
    3. Avoiding legal issues
  3. Trade dress law as applied to knock-off jewelry
    1. Protection provided
    2. Establishing a claim
    3. Avoiding legal issues
  4. Best practices

Benefits

The panel will review these and other key issues:

  • What protection can copyright, trademark, and trade dress law provide for designer jewelry? For knock-off jewelry?
  • How can knock-off jewelry designers pass the substantially similar test? What obstacles do they face?
  • What steps should jewelry designers and their counsel take to minimize the risk of infringement?