NEW YORK, NY, October 07, 2011 /24-7PressRelease/
-- Scott Kay, Inc. has obtained a complete victory in the federal lawsuit brought by Tacori Enterprises eight months ago. After the court ruled against Tacori twice on its claims that Scott Kay allegedly copied Tacori's jewelry designs, Tacori last week abandoned the lawsuit in its entirety. Tacori claimed that Scott Kay's spiritually-inspired "Heaven's Gates"
engagement ring collection allegedly infringed the "reverse crescent-shaped" designs of Tacori's bridal jewelry. Tacori abandoned its case without receiving anything from Scott Kay in return and did so with prejudice, meaning the case is officially closed and Tacori cannot re-open the case or attempt to sue for the same claims ever again. Scott Kay will continue to create, market and offer the "Heaven's Gates" collection, as it has from the outset.
The dispute began in February 2011 when Tacori filed a lawsuit against Scott Kay in a Los Angeles federal court asserting claims for copyright, trademark and trade dress infringement, as well as unfair competition. Each claim was based on allegations that Scott Kay's guardian angel's wings motif in the "Heaven's Gates" engagement rings were supposedly copied from the pattern of half circle or "crescent-shaped" openings in Tacori's rings. In a sweeping rejection of these allegations, the court held on July 1, 2011, that, "after reviewing the rings in person, it does not believe a jury would consider the rings to be substantially similar, let alone virtually identical." The court's July 1 ruling followed an earlier ruling equally in Scott Kay's favor, issued on March 3, 2011. In that ruling, the court held that "there is no evidence of actual confusion" between Scott Kay's rings and Tacori's rings, "and no credible evidence that [Scott Kay] intended to adopt [Tacori's]" jewelry design.
"I've always prided myself on creating original and meaningful designs. We were prepared to take this case to a jury to prove once and for all that our 'Heaven's Gates' collection was a truly original design," noted Scott Kay, CEO of Scott Kay, Inc. "One of the most offensive things that one could say to an artist is that he copied someone else's work. I always questioned the basis of this lawsuit and was personally insulted by each allegation, now clearly won in our favor." Scott Kay continued: "I am pleased that Judge Fischer looked at the rings side-by-side , objectively and independently weighed all of the evidence, and ruled completely in our favor. I believe that Tacori's decision to voluntarily walk away from their own lawsuit further confirms that the suit had no merit whatsoever. I am committed to creating spiritual and meaningful jewelry designs, and I stand proud that this matter is forever closed in favor of Scott Kay."
Scott Kay, Inc. is a privately held, leading bridal and fine fashion jewelry artisan and manufacturer based in the United States. For more information on Scott Kay and "Heaven's Gates," please visit www.scottkay.com
Legal Reference: Tacori Enterprises v. Scott Kay, Inc., Case No. CVll 01565 DSF (VBKx) (C.D. Cal.)
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Contact: Dan Scott
201-287-0100 / 201-294-3697