NEW YORK (AFX) - A federal judge in Manhattan has ruled in favor of De Beers LV Ltd., a subsidiary of the diamond mining company, in a trademark dispute over New York diamond dealer Marvin Rosenblatt's plan to use the De Beers name to sell diamonds on the Internet.
In an opinion Friday, U.S. District Judge Denise Cote found that Rosenblatt's usage of the name DeBeers Diamond Syndicate Ltd. would be confusing to consumers and that it would infringe on De Beer LV's registered trademark for retail store services featuring luxury goods.
'American consumers strongly associate the De Beers name with diamonds,' Judge Cote said in her 60-page opinion. 'Given the near identity of De Beers and DeBeers, and given that the remainder of the Syndicate name serves to increase, rather than reduce, the implied connection between the corporate defendant and the plaintiffs' mark as it is used in commerce, the two marks are not just similar but virtually identical.'
De Beers LV is a London joint venture between De Beers Group, the world's largest diamond mining company, and luxury retailer LVMH Moet Hennessy Louis Vuitton SA.
In her opinion Friday, Judge Cote noted that Rosenblatt's recent application to register a trademark with the DeBeers name has already created confusion, noting a retail jeweler confused ownership of the De Beers name in a July 2005 advertisement and DeBeers Diamond Syndicate has been named as a defendant in a lawsuit against De Beers Group.
Rosenblatt said he was disappointed with the judge's decision and expects to appeal.
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