De Beers accused of copyright infringement with Sublime Symmetry mark.
Hearts On Fire has filed a lawsuit against De Beers Diamond Jewellers, alleging that the retail chain has infringed on the brand’s trademark for its Sublime Mark, says a report from US jewellery site JCK.
The lawsuit declares that the De Beers’ retail chain’s Sublime Symmetry Mark is “nearly identical” and “confusingly similar” to Hearts on Fires’s (HoF) trademarked Sublime Mark, and that accounts for trademark infringement.
The company’s legal papers have said: “De Beers actions are exploiting the goodwill that HoF has build up under the Sublime Mark.” These details were filed on August 3 at a court in Massachusetts, where Hearts on Fire – a Boston-based brand – was founded.
The suit says that De Beers filed a trademark application with the U.S. Patent and Trademark Office for use of Sublime Symmetry 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.
Hearts on Fire’s paper says: “HoF made a good faith effort to resolve hits matter amicably.… [De Beers] has no intention of resolving this matter amicably, but instead has been moving forward with branding under the Sublime Symmetry Mark. As a result, HoF has had no choice but to commence this action.”
The diamond brand is seeking an injunction against De Beers using the Sublime Symmetry Mark further, as well as unspecified damages.