Tiffany sued over colour-changing jewellery
A Thailand-based jeweller has accused Tiffany & Co of infringing its colour-changing stone-setting patent in a lawsuit filed late last week.
On Friday, June 5, Jacob’s Jewelery filed a suit against Tiffany & Co at the US District Court for the Southern District of New York, alleging that the luxury jeweller had infringed its patent through the sale of colour-changing jewellery.
The patent-at-issue, US number 9609923B2, describes a multiple stone setting where the stones each display a different colour and, as the viewing angle of an observer changes, each of the colours changes to a different colour.
In its suit, Jacob’s cites an Instagram post by Katerina Perez (editor-in-chief of jewellery publication katerinaperez.com) which depicts a Tiffany cuff bracelet with pink sapphires and diamonds from Tiffany’s 2016 Masterpieces Collection.
Tiffany has denied infringing the patent and, in a letter responding to Jacob’s claims, it said that Jacob’s has not explained how the claims of the ‘923 patent allegedly relate to the Tiffany Jewelry, so it does not know the basis of the infringement allegation.
“Nonetheless, we have concluded that the accused Tiffany Jewelry does not infringe the ‘923 patent,” said the letter.
Tiffany added that the relevant claims are invalid in view of a Cartier Tourmaline brooch, which dates back to the 1940s.
“This Cartier prior jewelry design is clearly more relevant than the prior art cited and the examiner would not have allowed claim 16 [of the ‘923 patent] if he was aware of this reference,” added Tiffany in its letter.
However, Jacob’s claimed that the Cartier brooch “does not contain the relevant features and elements of any of the patent claims of the ‘923 patent”.
Jacob’s has asked the court to find that its patent is valid and enforceable and that Tiffany has wilfully infringed the patent. The Thailand-based jeweller has also requested an injunction and damages.
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