Competition accused of pilfering from Zultanite brand

New Jersey residents may be interested in learning that the company that owns the Zultanite trademark and related intellectual property claims that a firm owned by a former Faberge executive is infringing on its trademarks and selling gems that are not the genuine article. Zultanite Gems, LLC, in a recent Florida federal court filing, accuses Atlantis Gems of infringing upon its trademarks, brand identity and distribution channels to sell a competing product. Atlantis Gems is owned by a former president of Faberge USA.

Intellectual property fights often are complicated

When it comes to trademarks and other intellectual property, proving infringement and outright theft can be very difficult. Cases often wind up in federal court and, like the Zultanite case, involve many claims of wrongdoing. Zultanite accuses the defendant, Atlantis Gems, of trademark infringement, unjust enrichment, unfair competition and tortious interference. Those are all separate claims that are tied to the same alleged offense and can be argued in different ways. The more claims and counts raised, the more complicated the case can get.

Damages cited by Zultanite

Zultanite says Atlantis Gems used a knockoff of the Zultanite brand and similar marketing materials to sell gems and jewelry directly to customers on cruise ships for many years. There was no agreement in place to allow the use of the Zultanite trademark or to infringe on the brand’s exclusive distribution channels, the jeweler says in its federal filing. The damages claimed from the trademark infringement include lost past and future profits, damage to the brand via a decreased value, damaged brand reputation and a general loss of goodwill among consumers.

Intellectual property cases often last a long time

Just as the claimed trademark offenses occurred over many years, the federal court battle could last many years, too. The number of offenses cited and the legal nature of each one require assistance from law firms that are skilled and experienced in intellectual property laws to navigate the case and present the best arguments for the client. Whether on the receiving end of an intellectual property infringement claim or filing one, many legal hurdles can make it a very complicated matter that necessitates legal assistance.