Hallmarking Two-tone metal

Jewelry Discussion
21 
You can see where I'm going with this, I'm sure. After testing, it
turns out that a significant portion of the piece is mere gold,
yet the piece is stamped platinum. The new owner contacts the FTC,
who then looks up your makers mark, hallmark, name, etc., and
brings an action against you, the maker. Sure you never sold it as
all platinum, but the piece was misrepresented in the end.

Absolutely right, and not one of these posts will make any difference
to me. The custom platinum or gold pieces are stamped legally, and
my art pieces are stamped the way I want them to be stamped. It is
not about whether I am right or wrong intellectually about this
subject, it is about the way I feel I want my pieces represented.

I understand about underkarating. But there is possibly some common
sense involved if you have white metal and gold on one piece, If
the back is stamped, on the platinum, plat. 18kt, if there is
something yellow, we can assume which is the 18kt. I have a lot of
customers who don’t know if their white metal is white gold or
platinum, and they don’t know if their yellow gold is 10kt, 14kt, or
18 kt. The price of a piece is not necessarily related to the the
weight of the different metals used.

I understand about misrepresentation, and I wonder if it came down to
it, can they prove intention to deceive, if the original purchaser
was informed correctly.

If no one has been prosecuted, it is all rumor and speculation as to
what could happen. You go through a red light and police are present
odds are you get a ticket. You make jewelry for 30 years not marking
it according to FTC guidelines, and you and everyone you know does
it the way you do it, then it really not an issue of what the law
says, it is not being followed. There is no risk.

Knowing what the law is, is important. Knowing that there could be
consequences in important, and knowing that no one knows anyone who
suffered consequences is important.

To me, art metal is about effect, not content of materials. It is
about contrast, color, texture, design, form.

Richard Hart

22 
I would love to be able to stamp my mokume rings but have been
advised that I cannot legally do it.

I’d often wondered about this, especially when the metals used in
the mokumeare very valuable ones. Do you simply offer customers a
card or other suchdescription disclosing the materials?

Personally, I don’t see why mixed-metals pieces shouldn’t be sold in
thatmanner - customers enjoy having printed about their
piece, especially if it’s something interesting that they can show
off to their friends, and it should seem self-evident that a jeweler
willing to go to the trouble of writing such a statement isn’t trying
to rip anyone off.

Am I right in thinking that it actually isn’t illegal to not stamp
pieces at all, or am I misreading things? (I tend to be a bit
forgetful about it, and often realize in the final stages of
constructing something that I should have stamped it much earlier.
How nice it would be to just let it go!)

Cheers,
Jessee Smith
www.silverspotstudio.com
Cincinnati, Ohio

23 
    Am I right in thinking that it actually isn't illegal to _not_
stamp pieces at all, or am I misreading things?

No Jessee, you’re not misreading. It is perfectly legal to not
bother stamping your pieces. In fact, unless you have a trademark
stamp to go along with the quality mark, it is illegal to stamp your
pieces with the quality mark.

James in SoFl

24

Hi Jessee,

Am I right in thinking that it actually isn't illegal to _not_
stamp pieces at all, or am I misreading things?

It’s perfectly all right to sell items with no quality mark on them.

The law basically says that if you mark a piece with a quality mark,
the quality must fall within a very precise range & that anything
that is marked with a quality mark must also have a maker’s marker
in close proximity to the quality mark.

Dave

25 
Do you simply offer customers a card or other suchdescription >
disclosing the materials? 

 Personally, I don't see why mixed-metals pieces shouldn't be sold
in thatmanner -

This idea is fine for the initial sale of a piece but what about
reselling it down the line aways. Say you are clearing out the
effects of a distant relative after a bereavement - its quite
unlikely that the bit of paper supplied with the jewellery will
still be associated with it 20 years from now, especially if that
jewellery was a favourite piece and was worn a lot. How would you
know then what the piece was made of and how would you convince a
potential buyer?

Best Wishes
Ian
Ian W. Wright
Sheffield UK

26

It has always been my understanding that quality marks are not
mandatory BUT all quality marks must be accompanied by a maker’s
mark.

27 
This idea is fine for the initial sale of a piece but what about
reselling it down the line aways.

I think if you advise your initial buyer of the content of the piece
of jewelry you have sold them, that’s about all you can do. You can’t
be responsible for what happens 20 or 30 years down the road. They
could have lost/damaged/given away/or whatever the piece of jewelry.
How would you know and even if you knew, what could you possibly do
about it. I would think your concern would be with the original sale
and from there on it’s the responsibility of the owner as to what
they do with it.

If the piece comes back to you to resell, I would hope you would
recognize your own work and know what it was made of and govern your
sale accordingly.

Kay

28

I have been reading this thread with some amusement. What I find
amusing is that while many have contrasted the UK to the US Federal
system everyone seems to have missed the additional confusion caused
by several individual States having enacted Precious metal Stamping
Laws which do not always agree with the Federal Statutes, or each
other.

This has also been discussed at length on the Appraisal Information
Services NetWork TM http://ais.polygon.net/

This is a membership based group however admission is not all that
expensive considering the vast amount of and legal
analysis which is available.

Incidentally I am aware of civil complaints having been filed
against precious metal dealers for violations of State Stamping acts
especially by one individual in Hawaii. And the reference of a
"raid’ of a art show in California could have been by local
authorities enforcing California’s Gold stamping laws. Which have
both differences with and jurisdiction over federal law at least in
California. At least as I understand the legality of the complex
interaction of State and Federal law

WMSchenk