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Diamond Direct, LLC v. Star Diamond Group, Inc.

116 F. Supp. 2d 525 (2000)

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Diamond Direct, LLC v. Star Diamond Group, Inc.

United States District Court for the Southern District of New York
116 F. Supp. 2d 525 (2000)

  • Written by Heather Whittemore, JD

Facts

Diamond Direct, LLC (plaintiff) produced ballerina-style diamond rings, which had a base made of tapered baguettes with rows of vertical prongs. Star Diamond Group, Inc. (Star Diamond) (defendant) produced similar rings. Diamond Direct filed a lawsuit in federal district court against Star Diamond, alleging that Star Diamond had violated the Lanham Act by infringing on Diamond Direct’s trade dress. Diamond Direct did not have a registered trade dress in its ring design, but it argued that its ring design had a secondary meaning that the public associated with Diamond Direct. Diamond Direct had spent approximately $150,000 on advertising for its ring models that incorporated the contested design and had sold approximately 3,000 rings with the design. Diamond Direct did not conduct any surveys to determine whether the public associated its ring design with the company. Star Diamond moved for summary judgment, arguing that Diamond Direct had failed to demonstrate that its designs had secondary meaning.

Rule of Law

Issue

Holding and Reasoning (Kaplan, J.)

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