Faraone Mennella files copyright lawsuit

RFMAS, Inc., which sells designer jewelry to upscale retail stores under the Faraone Mennella trademark has filed a $60 million copyright infringement lawsuit against Mimi So International and luxury conglomerate Richemont.

The suit, filed May 9 in the U.S. District Court of New York in Manhattan, names jewelry designer Mimi So; Mimi So International, Inc.; Richemont SA; Compagnie Financiere Richemont SA; Richemont North America; Richemont Holdings; and Richemont International, Ltd.

In the suit, RFMAS alleges that its Italian designers created a particular jewelry design, "Subject Works" and that the designs became well-known for their distinctive look, described in court papers as a "combination of distinctive design elements, including a unique arrangement of large, hand-twisted or apparently hand-twisted, non-uniform, open links in a loose pattern of two or three sizes that form a chain conveying a stylized and appealing sense of sophisticated freedom and motion."

The designs received extensive acclaim, including being named by Time Magazine on its list of "100 Most Influential Designs," and garnered sales to match the critical kudos, court papers said.

RFMAS says in court papers that Richemont approached the company about a possible acquisition and that meetings between the two parties included Mimi So and involved RFMAS sharing its trade secret information, including information on best-selling designs, top customers and marketing.

The suit claims that the parties entered into a confidentiality agreement, but that after the meetings Mimi So International began selling products that infringed on RFMAS' copyright and that the designs were produced at Richemont's manufacturing facility in Milan.
The suit alleges that the defendants have been profiting from "the blatant infringement" of plaintiff's copyrighted and trade dress, and that they breached confidentiality as well as an implied oral and written contract.

"Defendants have access to plaintiff's works and defendant's works are remarkably similar to plaintiff's and defendant's actions have caused plaintiff irreparable injury," the suit says.

In addition to the $60 million in compensatory damages and loss of profits, the suit also asks for an injunction that would prevent the defendants from importing, manufacturing and/or distributing the pieces alleged to have violated RFMAS' copyright.

Messages left at Mimi So International and Richemont were not immediately returned.
Source: nationaljewelernetwork