As we first reported, earlier this year, Katz sued Cavallari and her jewelry company Uncommon James accusing them of infringing on her copyrights and trademarks.
The suit reads, “[Katz] designed and offered for sale two distinctive jewelry pieces, which are her “Diamond Dagger Ring” and her “Diamond Dagger Cuff.” Those pieces use her “Dagger Style” of jewelry design, which constitute the Designs protected by [Katz’s] registered trademarks and copyrights.”
Katz said Cavallari’s company ripped off her designs. She first noticed the alleged infringement when visiting Cavallari’s story in January 2021.
In court docs, she said Cavallari is selling a bracelet like hers and a ring that is nearly identical to one of her designs.
Katz says she fired off a legal letter to Cavallari in March 2021 but never heard back. To make matters worse, the designer claims Cavallari’s pieces are “so poorly made, that they have earned an unenviable overall “Two-Star” ranking on Yelp.com from its customers complaining of the unacceptable quality of their jewelry and customer service provided at their Los Angeles location."
She is suing for unspecified damages.
Now, Cavallari is denying all allegations of wrongdoing and countersuing Katz. She argues her pieces were independently created and even claims the trademarks/copyrights in question are invalid or void.
In her countersuit, the star says the U.S. Patent and Trademark Office notified Katz in 2016 that her designs were not distinctive enough to qualify on the Principal Register.
The USPTO eventually put the designs on a secondary list — but it does not have the same protections.
Cavallari is asking the court to dismiss the original complaint. She also wants the court to order Katz’ designs are not copyrightable.