Cartier sues jewellery company in counterfeiting suit
France-based luxury goods company Cartier has sued a US jewellery firm in a trademark infringement and counterfeiting suit.
Cartier filed its lawsuit (pdf) against Jewelry Unlimited at the US District Court for the Southern District of New York on Tuesday, December 6.
The luxury goods company argued that Jewelry Unlimited has engaged in unfair and deceptive business practices through the sale of counterfeit watches bearing the ‘Cartier’ trademark.
Further, the suit said that the jewellery company imitated Cartier’s jewellery designs and made false statements about Cartier’s pricing.
Cartier has sought injunctive and monetary relief, and argued that the defendant wilfully manufactured counterfeit jewellery that infringed its marks and trade dress, and falsely advertised its discounted products.
In addition, the suit said that the defendant committed unfair competition and diluted its marks.
Cartier has owned marks for the term ‘Cartier’ at the US Patent and Trademark Office (USPTO) since 1945.
The luxury business owns a jewellery line called the ‘ Love collection’, which features a flat metal band in white, gold or pink gold and is punctuated by simulated head designs or diamonds.
Cartier has owned marks at the USPTO for its ‘Love collection’ since 1985. The marks cover bracelets, belt buckles, earrings and necklaces.
The luxury goods business also has a jewellery collection called ‘ Juste un Clou’, which was introduced in 1971. The company owns trade dress for the jewellery.
Jewelry Unlimited, according to the suit, sold counterfeit goods which bore the ‘Love collection’, ‘Juste un Clou’ and ‘Cartier’ marks on online marketplaces for a discounted price.
Cartier has asked for a permanent injunction against the company, statutory damages of $2 million per counterfeited mark, punitive damages, full costs and attorneys’ fees.
John Margiotta, partner at law firm Fross, Zelnick, Lehrman & Zissu, and one of the lawyers acting on behalf of Cartier, told WIPR: "Cartier recently investigated the sale of its watches offered for sale on the Walmart.com marketplace. In doing so, it discovered that the defendant, Jewelry Unlimited, was selling products that were altered after market without Cartier’s permission, was deceiving consumers about Cartier’s prices and was misrepresenting the applicability of Cartier’s warranty.
"Cartier filed suit to protect its long-standing reputation for high-quality products and will continue to monitor the unauthorised retail network and marketplace to combat fraud and to protect consumers."
