Diamond jewellery brand fails to file further papers to court.
American jewellery brand Hearts on Fire has reportedly dismissed its case against De Beers Diamond Jewelers after raising concerns about the brand’s use of its Sublime Symmetry Mark.
Hearts on Fire announced that it has filed a lawsuit against De Beers retail outfit De Beers Diamond Jewelers for its Sublime Symmetry Mark which Hearts on Fire claimed was “nearly identical” and “confusingly similar” to its trademarked Sublime Mark.
In the original suit it was noted that De Beers had filed a trademark application with the US Patent and Trademark Office for use of the Sublime Symmetry Mark for its jewellery on March 30. However, according to the papers, the examining attorney refused the registration because of a “likelihood of confusion” with the Sublime Mark.
At the time, Hearts on Fire’s legal papers said: “De Beers actions are exploiting the goodwill that HoF [Hearts on Fire] has built up under the Sublime Mark". However, according to the District Court of Massachusetts, no further court papers have been filed.
It is said that both parties have agreed to a “notice of dismissal with prejudice,” in which they will pay for their own legal fees, and have waived their rights to appeal.