Patent Infringement | "BK Jewellery/AV Jewelry Sue Prestige over Design Patent Infringement"

By : Market Watch 
Source : http://www.marketwatch.com 
Category : Patent Infringement 

BK Jewellery's patent infringement court action against Prestige International will proceed unimpeded, the company's CEO Mr. Rocky Wong announced today. Following a July 16, 2012 ruling by Judge J Sand, of the US District Court of New York, Prestige International was denied any additional stays of proceedings and ordered that all discovery should be complete by August 31, 2012.

The patent infringement law suit concerns BK International's patented design of its Diamond jewelry that has a unique, never before seen, silhouette that was first introduced in 2008 in Hong Kong by its affiliate Wing Yee of www.BKJewelry.com . The company holds worldwide patents on this remarkable design which incorporates one full cut diamond solitaire surrounded by perfectly matched single cut stones. This elegant silhouette has a unique appearance and artfully imitates a larger solitaire diamond. This revolutionary design has been widely accepted for its advantageous form: providing two to three times the perceived value of a similar size piece at half the price.

AV Jewelry of New York (BK Jewellery's exclusive licensee in North America) asserts that the infringement of the design patent D614,132 by Prestige International's Unity Jewelry has caused loss of profits, customer confusion and damage to AV's goodwill. BK and AV assert in the law suit that Prestige International's Unity jewelry pieces are infringements under the Federal Patent Laws and that Prestige International's market place conduct violated the Federal Lanham Act which prohibits unfair competition.

AV Jewelry's Avi Matatov commented "We are confident that this law suit will set the record straight and allow us to continue to offer our clients innovative, highest quality gemstone designs without interference from imitators who are flooding the market with copycat replicas of our patented designs."

The litigation should be concluded by this Fall (2012) and enable the company to stop the ongoing market confusion. Mr. Matatov is confident that the resolution of this case will curtail and discourage further infringement practices ahead of the upcoming holiday season. AV Jewelry's North American customers include many national specialty retailers and department stores.

Source: http://www.marketwatch.com/story/bk-jewelleryav-jewelry-sue-prestige-over-design-patent-infringement-2012-07-26