Sterling Jewelers, Inc. v. Artistry Ltd., No. 17-4132 (6th Cir. 2018)Annotate this Case
Artistry, a jewelry wholesaler, sells its products to retailers across the country. Sterling is the largest specialty jewelry retailer in the country. It operates in all 50 States in roughly 1,300 stores, including Kay Jewelers and Jared. Sterling began marketing a line of jewelry under the name “Artistry Diamond Collection.” Artistry accused Sterling of infringing its trademark. The district court granted Sterling summary judgment, concluding that its mark was not likely to confuse consumers in the distinct market in which it operated. The Sixth Circuit affirmed. The word “artistry,” like the word “artisan,” is not an innovation when it comes to craft goods and is not likely to distinguish one product from another. The evidence suggested that at least 23 other jewelry companies used the word in some way, which diminishes the likelihood that a consumer who comes across Artistry, Ltd.’s name would think of Kay’s Artistry Diamond Collection and become confused. The companies use the marks differently: one to brand products and the other to brand a company and the wholesale services it provides. The court also noted the distinct nature of the consumers targeted by each company’s set of products.