Hallmark hit by jewellery copyright claim

Jewellery designer LA Gem has filed a copyright claim against greeting cards company Hallmark.

In a lawsuit filed at the US District Court for the Central District of California on Tuesday, October 4, LA Gem claimed that Hallmark has sold jewellery “improperly incorporating” the designer’s copyrighted designs.

Hallmark also sells ornaments and gifts.

In 2010, LA Gem created its ‘Love Grows Jewelry Design Collection #1’, which was registered at the US Copyright Office under registration number VAu 1-057-296.

The design, which consists of two connected hearts, was then made into a number of pendants featuring a similar design. These were also registered with the office.

“Upon information and belief, defendant has sold unauthorised and infringing copies of at least the subject designs, which bear a design that is substantially similar—if not strikingly similar—to the authentic subject designs,” said the suit.

LA Gem claimed that the infringement has caused and will continue to cause it to “suffer substantial injuries, loss, and damage”.

The company alleged that the infringement has also damaged the business’s “reputation and goodwill, diverted its trade, and caused loss of profits”.

It also claimed that Hallmark had “aided and abetted, and resultantly profited from the illegal reproduction”.

“LA Gem is informed and believes, and thereon alleges, that defendant is vicariously liable for the copyright infringement alleged in this complaint because it had the right and the ability to supervise such infringement and because it had a direct financial interest in the infringing conduct,” said the suit.

LA Gem is seeking a preliminary injunction, a permanent injunction, damages and attorneys’ fees.