Ripping off rings: a confused decision


Dr Michael Factor

H Stern, a Brazilian jewellery manufacturer with many retail outlets in Israel and abroad, sells a flat gold band with an oblong section of pavé diamonds.

The remainder of the band is polished to a mirror finish. The band is also decorated with a pentagram or Seal of Solomon on the shiny part on each side of the diamond oblong. Five-pointed stars are also engraved on the inside of the band. The ring is known as the Juliana model.

Aryeh Pozylov, through various companies including Orneal Ltd., Nitfaz (a pun on the Hebrew word nitfas, meaning snapped up, and faz meaning gold) and Pozylov Diamonds marketed a somewhat similar but substantially cheaper ring that has a Star of David (Magen David, or Hexagram) decoration instead of the pentagram. The pentagram is a registered trademark of H Stern, chosen since stern means star in German and Yiddish.

Stern sued Pozylov, invoking a number of causes of action including:

Jewellery, infringement