Diamonds Are A Girls Best Friend

The hardest stone known to man created from one of the softest materials also known to mana diamond is especially alluring to women who crave a four carat one on their ring fingers!

Our post is not to talk about the importance of diamonds or the way the’re cut, but the question is did you ever wonder if your favorite jeweler has his diamonds trademarked. To find out if there is a connexion we thought we’d do a search, where else? Trademarkia is indeed an easy way to look up “Harry Winston”.  The Winston marks are so many here’s one that they filed for the description Fragrances, with the trademark serial number 77612157 for the name TALK TO ME, HARRY WINSTON.

The Juliet Diamond
The Juliet Diamond

Juliet asks “What’s in a name?” a famous dialogue from “Romeo and Juliet”. But a trade name forms as an important asset to your business. For many consumers a trade mark can be the hook that creates the purchase.  From a marketing perspective, trademarks are as important as the quality of the products in attracting customers. The right trade mark will help distinguish your products in a sea of competitors’ products and provide your customers with a reason to purchase your product.
In order to protect an unregistered mark from misuse, it is necessary to bring a common law action for passing off or under the consumer protection provisions of the Trade Practices Act.

Other famous marks for jewels not just diamonds include the De Beers marks, and the latest news from this quarter is that U.S. federal trademark serial number 77954402 was filed for DIAMONDPLUS by De Beers Centenary AG with the description Electrical and electronic machines, apparatus and instruments for use in testing, analysis, inspection and certification of gems and gemstones; scientific apparatus and instruments; machines, apparatus and instruments for observation, and others.

Apart from the De Beers diamonds we have Graff who have filed for GRAFFSTAR which was assigned the trademark serial number 79072120 which was filed with the description of  Jewellery, precious stones; horological and chronometric instruments, cases for watches.

This may be very costly as evidence establishing your common law rights must be provided such as how in 2004, Tiffany & Co. filed a suit against eBay, alleging that the defendant eBay, inter alia, was liable for infringement of Tiffany’s trademark. In this case eBay had advertised Tiffany goods on its Web site before 2003, and had advised its sellers “to take advantage of the demand for Tiffany merchandise” as “Tiffany” was a highly used search term. The Southern District of New York rejected an effort by renowned jeweler. Tiffany has filed an appeal of the decision with the U.S. Court of Appeals for the 2nd Circuit.

In another recent case that was filed by Harry Winston against Jennifer Katherman who has registered the disputed domain, www.hairywinston.com on March 11, 2008, to purportedly run her business of retail sales of dog and cat supplies and accessories. Although, this dog boutique is not associated with the sale of fine jewelry, the owner candidly admits using Harry Winston to entice customers of an upscale boutique.
Going by the records, goodwill is a very large and hard earned asset on many company’s books and what a trademark does is having a silent attorney actively protecting your goodwill 24 hours a day!

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