Cartier trademark clash comes to an end
Luxury jewellery brand Cartier has dropped a trademark and trade dress infringement claim against a Florida-based jeweller.
Cartier filed a stipulation of dismissal on Thursday, August 30, in a case against Nemaro Jewelers at the US District Court for the Southern District of Florida.
District Judge Robert Scola ordered the dismissal without prejudice on the same day.
Back in March, Cartier (a division of Richemont) accused Nemaro of imitating its trademarked designs, which Nemaro was reportedly “well aware of but chooses to blatantly disregard”.
According to the claim, Nemaro was selling various imitations of Cartier’s Love collection, one of its most “sought-after” lines. Each Love product has the “distinctive appearance of a flat metal band” and a unique diamond design.
Nemaro’s sale of the infringing products, which allegedly included bracelets, necklaces and rings, “unlawfully wrests from Cartier control over its reputation”.
In November 2017, Cartier’s agent visited Nemaro and purchased an imitation yellow gold Love bracelet for $3,100.
Cartier owns the ‘Love’ design for rings and other jewellery (US trademark number 1,005,286) and the word mark ‘Love bracelet’ (US trademark number 3,776,794). ‘Cartier’ is registered under US trademark number 759,202 for jewellery.
However, the case came to an end last week when Cartier sought dismissal.
On the same day in March, Cartier also sued Florida-based Advance Jewelery for allegedly producing counterfeit Cartier products.
In addition to claims that Advance was making and selling jewellery featuring both the ‘Love’ and the ‘Cartier’ marks, Cartier claimed that Advance was packaging the Love items in boxes reflecting Cartier’s proprietary “iconic” red box design (US number 4,197,020).
Cartier filed to dismiss this case with prejudice on August 17, but the court does not appear to have ordered the dismissal yet.
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