The opinion of the court was delivered by: Sweet, District Judge.
Plaintiff Yurman Design Inc. ("Yurman") has moved for a
preliminary injunction, pursuant to Rule 65 of the Federal Rules
of Civil Procedure, to prohibit defendant A.R. Morris Jewelers,
L.L.C. ("Morris") from: (i) continuing their attempts to
"destroy" Yurman's Authorized Retailer Program, brand name and
business reputation; (ii) soliciting, promoting and selling in an
unauthorized manner DAVID YURMAN jewelry products; (iii) inducing
Yurman's authorized retailers to breach their contractual
agreements with Yurman; (iv) interfering with and intentionally
harming Yurman's business relationships with its authorized
retailers; (v) engaging in unfair competition activities; (vi)
appropriating Yurman's proprietary interests; and (vii)
intentionally harming Yurman without excuse or justification.
Yurman also has moved for an order, pursuant to Federal Rules of
Civil Procedure 26(d), 30(a), 33(a) and 34(b), permitting
For the reasons set forth below, Yurman's motions are denied.
Plaintiff Yurman is a corporation organized and existing
under the laws of the State of New York with its principal place
of business located at 501 Madison Avenue, New York, New York
10022. Yurman is engaged in the design, manufacture, distribution
and sale of fine jewelry.
Defendant Morris is a Delaware limited liability company
located at 802 N. Market Street, Wilmington, Delaware, 19801.
Yurman filed his complaint in this action on November 23,
1998, alleging unfair competition under the Trademark Laws of the
United States, 15 U.S.C. § 1051 et seq.; copyright infringement
under 17 U.S.C. § 101 et seq.; deceptive trade practices,
fraudulent inducement, breach of contract, tortious interference
with contract, tortious interference with business relations and
misappropriation under the laws of the State of New York.
Yurman filed the instant motion by order to show cause on
November 24, 1998. Oral argument was heard on December 9, 1998,
at which time the motion was deemed fully submitted.
More than eighteen years ago, David Yurman, a jewelry
designer, and his wife Sybil, built the DAVID YURMAN brand name
for their "unique, elegant, and creative jewelry products."
(Yurman Decl. ¶ 4). Beginning in or about 1982, Yurman began
designing, manufacturing, promoting, marketing and selling a line
of jewelry products that incorporate a cable design together with
other elements. Yurman is widely known for many signature
collections such as, THE CABLE COLLECTION, THE HAMPTON CABLE
COLLECTION and the VENETIAN COLLECTION. The CABLE COLLECTION for
example, includes bracelets, necklaces, rings and earrings. It is
named for its cable design comprising solid sterling-silver or
gold tubes twisted into a helix.
Since the introduction of its cable design, Yurman has spent
enormous amounts of time, resources and effort to cultivate a
solid relationship for producing jewelry of the finest design,
materials and craftsmanship. Yurman has also spent more than a
million dollars in advertising its jewelry products. According to
Yurman, its name has become "nearly synonymous" with the cable
motif. (Complaint ¶ 14).
To protect its jewelry designs and the integrity, good will,
and business reputation, Yurman sought and received federal
trademark registration for its brand name DAVID YURMAN and the
names of its jewelry collections, copyright registrations for its
original designs, and utility and design patents for its novel
jewelry designs and inventions.