NEW YORK, Sept. 4, 2013 /PRNewswire/ -- BK Jewellery's patent infringement Court action against Prestige International has just been bolstered by a three-member Examiner Decision at the United States Patent Office, confirming the validity of the BK patent. The Patent office clearly rejected Prestige's prior art challenge to the patent. Now that this phase of the dispute is behind the parties, BK Jewellery/AV Jewelry expect that the Court action will proceed rapidly to a decision that will definitively end Prestige's stonewalling and continued illegal use of the BK Jewellery patented technology. The entire profits earned on sales of the infringing jewelry by Prestige and its customers will be sought as damages, as well as a recall of infringing jewelry at customers, and attorney fees.
The patent infringement lawsuit concerns BK International's patented design of its Diamond Jewelry that has a unique and innovative silhouette, first introduced in 2008 in Hong Kong, by its affiliate Wing Yee. The company holds worldwide patents on this remarkable design, which incorporates one full cut diamond solitaire surrounded by perfectly matched single cut stones. This elegant silhouette has a unique appearance and nicely imitates a larger solitaire diamond. This revolutionary design has been widely accepted for its appearance and for the advantage of providing two to three times the perceived value of a similar size piece at half the price.
AV Jewelry of New York (BK Jewellery's exclusive licensee in North America) asserts that the infringement of the design patent D614,132 by Prestige International's Unity jewelry pieces are infringements under the Federal Patent Laws and that Prestige International's marketplace conduct violated the Federal Lanham Act, which prohibits unfair competition.
AV's Vice President Mr. Avi Matatov commented "We are confident that this law suit will set the record straight and allow us to continue to offer our clients innovative, highest quality gemstone designs without interference from imitators who are flooding the market with copycat replicas of our patented designs."
The litigation should be concluded within several months and enable the company to stop the ongoing market confusion. Mr. Matatov is confident that the resolution of this case will curtail and discourage further infringement practices ahead of the upcoming holiday season. AV Jewelry's North American customers include many national specialty retailers and department stores.
SOURCE AV Jewelry