A jewelry maker has filed a lawsuit against Sam’s Club, claiming that the retail warehouse club is selling its jewelry without permission.
David Yurman Enterprises filed the lawsuit against Sam’s Club on September 4 in the Southern District of Texas, Houston Division.
According to the complaint, Yurman sells its jewelry at boutiques located across the United States and through authorized retailers. Yurman claims that its jewelry is well-known by consumers and the industry for its quality and uniqueness of design.
The complaint alleges that Sam’s Club recently began selling Yurman’s jewelry at discounted prices in stores located in Harris, Fort Bend and Montgomery counties. However, Yurman claims that Sam’s Club was not approved to carry the jewelry and is not an authorized retailer. Yurman claims that the conduct by Sam’s Club has caused confusion and disappointment among consumers by creating the false impression that the warehouse club is an authorized retailer. According to the lawsuit, unlike authorized retailers, Sam’s Club is not able to offer certain services to consumers.
The lawsuit states that Sam’s Club is making prominent use of the Yurman trademark, packaging and placards, including a purported Yurman certificate of authenticity.
The lawsuit alleges false designation, trademark infringement, tortious interference with contract and unfair competition. Yurman seeks a court order prohibiting Sam’s Club from using Yurman’s trademark, and from acquiring and reselling its jewelry. The lawsuit also seeks unspecified damages, attorney’s fees, costs and other relief.
Gregory D. Jordan is an Austin business attorney and business litigation lawyer. To learn more, visit http://www.theaustintriallawyer.com or call 512-419-0684.
