Bulgari Files Infringement Suit Against Kenneth Jay Lane

Earlier this month, Bulgari filed  a complaint in a federal court in Manhattan against Kenneth Jay Lane for copyright infringement, design patent infringement, and unfair competition, claiming that the New York based jewelry designer copied its rings and bracelets without its permission. Bulgari is seeking unspecified damages and a court order to end the sale of the allegedly infringing jewelry. 

Bulgari Serpenti Bracelet

It should be no surprise that Bulgari would file suit against the U.S. based designer. First, thanks in part to the case-precedent we covered in our previous post, Kieselstein-Cord v. Accessories by Pearl, jewelry has valid copyright protection in the United States. Considered to be a form of miniature sculpture, jewelry generally can satisfiy the originality requirement.

Kenneth Jay Lane Bracelet

Based off these images, the Italian-based designer, who launched its Serpenti collection in the 1960s, does have a valid claim for copyright protection. Moreover, the court will likely find infringement since, in Bulgari's own words, their jewelry includes "design elements and features that have become synonymous with Bulgari in the eyes of the public, consumers and the luxury goods industry." Second, Bulgari is part of the LVMH group and we know how sensitive their fashion law radar is for any kind of intellectual property infringement. We here at TFG will be sure to cover the progress of this case.