Why is the "Tiffany" setting not trademarked or branded or whatever?

[Ty Cobb]

Ok, there are a ton of designs out there which are particular to designer or company or something. My question is, why is it that the "Tiffany" setting is not in the same boat in regards to T&Co.

Lots of Companies make and advertise Tiffany settings, and I am just curious why you can do that but are not able to do any of the other branded designs that are out there?

Just abject curiousity is all.

 

[belle]

it is. you see plenty of tiffany 'style' rings but there is only one actual tiffany. the rest are just interpretations of the one and only original.

 

[denverappraiser]

It’s part of the curse of being so successful. The same thing has happened to Kleenex, Frisbee, Xerox, Stetson and an assortment of other fine companies whose name has become synonymous with a particular product. Worse things could happen. Someday I hope a properly written appraisal will be known as a Beaty.

Neil Beaty
GG(GIA) ICGA(AGS) NAJA
Professional Appraisals in Denver

 

[Richard Sherwood]

Date: 5/23/2007 6:43:15 PM
Author:Ty Cobb
Ok, there are a ton of designs out there which are particular to designer or company or something. My question is, why is it that the ''Tiffany'' setting is not in the same boat in regards to T&Co.

Lots of Companies make and advertise Tiffany settings, and I am just curious why you can do that but are not able to do any of the other branded designs that are out there?

Just abject curiousity is all.

Actually the "Tiffany" setting is a copyrighted setting. I found that out when I received a "cease & desist" letter from Tiffany''s attorneys when I was advertising diamonds in "Tiffany settings" back when I had my jewelry store.

I then changed my description of these settings to "Tiffany style settings".

 

[pricescope]

Date: 5/23/2007 6:53:29 PM
Author: denverappraiser
Someday I hope a properly written appraisal will be known as a Beaty.

Neil Beaty
GG(GIA) ICGA(AGS) NAJA
Professional Appraisals in Denver

"Beatyng the **** out of diamond" - Wanna make it a slogan Neil?

 

[Ty Cobb]

Ok, then why are you able to make settings that are similar to it? I would think if the design was copyrighted, you would have to make a setting that was significantly different to avoid copyright issues?

I have never understood copyright.....

 

[diamondseeker2006]

Probably the name is copyrighted, not the solitaire ring design.

 

[Kaleigh]

My take on this, is that you can come close to the design, but can't copy it exactly. That's where the Tiffany style comes into play. Legally you can't copy a designer piece unless you alter the design by 20%. Was told that when I was making a Daniel K inspired setting.

 

[Richard Sherwood]

Date: 5/23/2007 11:40:54 PM
Author: Kaleigh
My take on this, is that you can come close to the design, but can''t copy it exactly. That''s where the Tiffany style comes into play. Legally you can''t copy a designer piece unless you alter the design by 20%. Was told that when I was making a Daniel K inspired setting.

I think Kaleigh''s right on this point. Exact reproductions are an open invitation for a lawsuit. It just depends on how vigorously the original designer is on intent on prosecuting knock-offs.

 

[Gypsy]

Original designer may not own the rights... most large companies have designer's works designated as 'works for hire' and therefore owned by the Corporation.

I would have thought that the protection on that particular design might have expired, they do you know. That might be why it's infrindgement to use their name... but copy the design exactly. Name is trademarked.

 

[strmrdr]

mainly because the tiff style setting is much older than tiff they just made it popular.

 

[Harriet]

I''m not sure if there''s a 20% threshold. But, the "copy" must be such that a reasonable person would not confuse it with the original. Also, as Gypsy pointed out, the copyright may have expired.

 

[JohnQuixote]

Date: 5/24/2007 3:09:58 AM
Author: strmrdr
mainly because the tiff style setting is much older than tiff they just made it popular.

Right. No one can copyright a circle.

Intellectual property doesn't extend to universal shapes found in nature. That's why you'll find designs like this among numerous manufacturers. "Tiffany style" is used in deference to the company which made this particular look popular; buyers understand what the term implies.

 

[Ty Cobb]

granted no one could copy right a circle. However, I would think they would be able to make it where they are the only ones able to use a six prong setting like that.

 

[Gypsy]

The most likely options are that: It is indeed an older, uncopyrighted design that Tiffany made popular. Or that the copyright protection has expired and only th etrademark protection on the Tiffany name exists, which is why Richard was forced to change the NAME of his settings, but not the design of them.