- Published: 16 August 2018 16 August 2018
By Beverly A. Marsh, Partner, Standley Law Group LLP
The Sixth Circuit recently presided over a dispute between Artistry, Ltd. (“Artistry”), a jewelry wholesaler, and Sterling Jewelers (“Sterling”), the largest specialty jewelry retailer in the country, over the use of “Artistry.” See Sterling Jewelers, Inc. v. Artistry Ltd., Appeal No. 17-4132 (Decided July 24, 2018). Sterling owns roughly 1,300 jewelry stores, including Kay Jewelers and Jared. Artistry accused Sterling of trademark infringement when Kay Jewelers began marketing a line of jewelry under the name “Artistry Diamond Collection.” Artistry never registered a trademark for its name, whereas Sterling registered several of its “Artistry Diamond Collection” marks with the United States Patent and Trademark Office, including ARTISTRY DIAMONDS, ARTISTRY BLUE DIAMONDS, and ARTISTRY BLACK DIAMONDS. Artistry asked Sterling to stop using “Artistry” in Sterling’s marks and filed a petition to cancel Sterling’s trademark registrations.