CHRISTIE, PARKER & HALE PREVAILS IN LAWSUIT CHARGING
INFRINGEMENT OF COPYRIGHT AND TRADE DRESS FOR RINGS;
LAW FIRM OBTAINS CONSENT JUDGMENT, INJUNCTION
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U.S. District Court Judge Approves Damages, Disgorgement of Profits

LOS ANGELES, Calif. (January 19, 2009)—Intellectual property law firm Christie, Parker & Hale, LLP today reported that a United States District judge has approved a consent judgment and permanent injunction that acknowledges the validity of copyright and trade dress protections for rings designed by a Glendale, Calif., jeweler, and requires the infringing Ohio-based manufacturer to pay $650,000 in attorney fees and disgorgement of profits.

The prevailing party in the case is Tacori Enterprises, represented by Christie, Parker & Hale. The defendant is Rego Manufacturing of Bucyrus, Ohio.

The order by Judge Kathleen M. O’Malley of the United States District Court, Northern District of Ohio, permanently enjoins Rego from copying Tacori products, or infringing on the trade dress of Tacori jewelry.

The settlement also found that Rego non-willfully infringed on Tacori copyrights when it purchased certain rings from Beverlly Jewellery Company Limited, of Hong Kong. The copyrighted rings each contain Tacori’s signature crescent designs.

The settlement followed a Summary Judgment issued by Judge O’Malley against Rego. Rego had argued that Tacori Enterprises’ copyright and trade dress claims were not valid, alleging that the ring designs were not original, and that similar designs have existed "for thousands of years." The Court rejected this argument, finding that the ring design was "independently created" and "original" to Tacori. Earlier, Judge O’Malley held that Rego violated its duty under Rule 11 of the Federal Rules of Civil Procedure by relying on fabricated documents, and sanctioned Rego over $40,000.

The Rego injunction follows the judgment and injunction issued last year of another copyright and trademark infringement brought by Tacori against Pink Diamond, Inc. Judge Gary Allen Feess of the United States District Court, Central District of California, approved a settlement in which Pink Diamond agreed to pay $150,000 in damages and profit disgorgement based on Pink Diamond’s infringement of Tacori’s copyrights and trade dress rights.

"Our client is gratified by the ruling entered by Judge O’Malley in Ohio, as well as the earlier judgment issued by the District Court in California," said Howard A. Kroll, the Christie, Parker & Hale litigation partner who led the team representing Tacori. "Collectively, these decisions affirm both Tacori’s creative work and its right to do business without the burden of unfair competition."

About Christie, Parker & Hale

Christie, Parker & Hale is a leading intellectual property law firm operating at the intersection of science, technology, and the law. Engaged exclusively in all aspects of intellectual property law, most of the firm’s attorneys hold degrees in engineering or the sciences, bringing added value and perspective to client service. Drawing on a 55-year heritage, the firm continues to propel innovation and stimulate business growth by protecting its clients’ most valuable assets—intellectual property.

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