Trademark & Copyright Questions about Wax Patterns
I am new to casting and have a couple of questions related to a post
I read here on Orchid a few weeks back. Someone mentioned in their
post that the U. S. government requires that all jewelry and related
items marked karat gold or sterling silver be accompanied by the
manufacturer’s trademark. My first question is; when purchasing and
using commercially produced jewelry wax patterns, would it not be
violating the trademark rights, or copyrights of the wax pattern
producer if a jeweler placed their own personal manufacturer’s mark
on a piece of jewelry they cast from a commercially bought wax
pattern? Also, do commercial wax pattern producers usually retain any
other rights, or place any restrictions on the marketing of jewelry
cast from their wax patterns? Thanks.
Larry C.
My first question is; when purchasing and using commercially
produced jewelry wax patterns, would it not be violating the
trademark rights, or copyrights of the wax pattern producer if a
jeweler placed their own personal manufacturer's mark on a piece of
jewelry they cast from a commercially bought wax pattern?
Good question, Larry. The manufacturer’s mark required by the FTC
(Federal Trade Commission) is in connection with the metal content
and has nothing to do with the design or copyright. They want it
there so if there is an issue with under-karating they know who is
responsible.
Also, do commercial wax pattern producers usually retain any other
rights, or place any restrictions on the marketing of jewelry cast
from their wax patterns?
I would imagine that any that did wouldn’t sell very many wax
patterns! Some if not most however, might have a problem with someone
creating a mold of their piece and then marketing it as a wax
pattern.
Dave Phelps
...the U. S. government requires that all jewelry and related
items marked karat gold or sterling silver be accompanied by the
manufacturer's trademark. ...would it not be violating the
trademark rights, or copyrights of the wax pattern producer if a
jeweler placed their own personal manufacturer's mark on a piece
of jewelry they cast from a commercially bought wax pattern?
The requirement to identify the maker of the precious metal item has
nothing to do with who originated the design. It you stamp a piece
as platinum, karat gold, sterling, or fine silver you need to
identify yourself, so you can be held to account if the metal does
not come up to the quality you claim for it.
Neil A.
It’s impossible to stop anyone from putting their own trademark, or
hallmark, on a design that you created in wax. When I create a first
generation wax model I always take progress pictures for my records.
Before it leaves mystudio I put my trademark on it. I know it can be
removed easily in wax, but that’s the chance we take. Wax can be
altered just a tad to be considered a new design. Release your
design into the world and hope for the best, because copyright
infringement will never end. Design thieves never stop.
I know what my designs look like and I know the quality of my work.
If another designer claims it as their own creation, that’s their
’bad’.That is the consequence of being a great artist, someone will
always knock you off. Margie Mersky