What a great event hosted by BLACA and Berwin Leighton Paisner LLP in London!! I especially loved meeting all of the Queen Mary IP Masters students who “crashed” the event (I’m glad you did) and the London-based IP professionals who were so knowledgable and collaborative. Thank you for hosting me and making me feel so welcome. Check out the BLACA website for more information about the organization and check out my Facebook Page for upcoming photos. Special thanks to Brigitte Lindner, Darrell Panethiere and Simon Clark!
Orly Ruaimi’s jewelry designs have graced the arms, wrists, and necks of many celebrities, including Lady Gaga and Will.I.Am. Her designs embody the phrase “fashion as art”. This view traces its origins back to the French Copyright Act of 1793, which classified fashion as an applied art.
Clothing design is not considered art under US law because the US considers clothing functional. But there are fashion items that receive protection, such as jewelry and certain embellishments. The US Copyright Office provides copyright registration for original jewelry design as a “work of the visual arts.” Jewelry design includes 3-dimensional designs applied to rings, pendants, earrings, necklaces, etc. Copyright protection is automatic in the US; that is, copyright exists as soon as the design is fixed in tangible form in some way – even on paper.
Although copyright protection is automatic, there are advantages to registering your designs with the Copyright Office. First, it provides prima facie evidence of a design’s originality. Second, it provides proof of ownership. And third, it gives the owner the right to bring suit in federal court to protect the copyright. (See www.copyright.gov for more information).
Copyright enforcement is not as simple. The standard to prove infringement is to show that the potentially infringing object has “substantial similarity” to your design. This is something that can be complicated and expensive to prove since most jewelry designs incorporate shapes and objects that are already in the public domain (leaves, circles, etc.). It is very possible that designers could create similar looks independently. Therefore, copyright protection is hard to enforce even with a registration, if your pieces are not objectively unique. Conversely, the more unique/original and the more art-like your jewelry design, the easier it is to protect your rights against potential infringers.
Orly Ruaimi’s designs are so unique, knock-offs are likely less common. Still, as the court in Herbert Rosenthal Jewelry Corp. v. Honora Jewelry Co. famously stated, “There is nothing anyone can design or manufacture which someone else cannot make worse and sell for less.”
And that’s where intellectual property rights come in, to help protect the rights of the creators of these beautiful original works.
We thank Ms. Ruaimi for her participation in this post and wish her much continued success. For more information, please visit www.orlyruaimi.com.