Sears and Kmart targeted in copyright claim

US retailers Sears and Kmart have been targeted in a copyright infringement claim by Merit Diamond, a manufacturer of polished diamonds.

In a lawsuit filed at the US District Court for the Southern District of Florida yesterday, December 8, Merit accused the two retailers of “blatant and wilful violation” of its copyright and trade dress rights.

According to the suit (pdf), the retailers have been selling the infringing jewellery for “over a decade”.

Sears and Kmart are also accused of having “engaged in an unlawful campaign to leverage and trade on plaintiff’s reputation and brand” by selling a “knock-off, low quality, private label brand of jewellery”.

The retailers are accused of selling the jewellery in store and online through their website.

Merit said its Sirena collection, which has generated sales in excess of $500 million for its retailers, has been infringed by the companies.

The infringing acts “are in total disregard of plaintiff’s rights, and were commenced and it is believed will continue in spite of defendants’ knowledge that their sale and advertising of the infringing works and use of the accused trade dress is in direct contravention of plaintiff’s rights”, said the suit.

Merit is seeking injunctive relief, delivery of infringing goods, profits and damages for wilful infringement.

This was first published on  Trademarks & Brands Online.