Curious Ad from American Pearl

[knotty panda]

I don't want to jump to conclusions and say they have downright stolen Pearl Outlet's inventory, but this Valentine's ad surely looks like they have taken notes on Terry's work even down to the pistachio and pink strand. *link removed*

How does this work? Could they be purchasing from the same design house or is American Pearl unimaginative?

 

[J Marcus]

Aha!!! Once again the elusive Lop Noors show up in the marketplace!...........................

 

[KAC]

I don't know if there is anything really proprietary about the design of the page or the necklaces. Most of it is pretty basic designs, so you're bound to see multiple sellers with similar items.

 

[knotty panda]

I understand that and to some degree I don't get it. For instance, isn't a Tin Cup out and out plagerism? I did read somewhere not to long ago that those proprietary laws would be changing here in the US. Don't ask where I read it. I don't remember what I did this morning.

 

[Raisondetre]

I think the designs are pretty basic and anyone with a decent inventory can come up with them. Although I don't like the way they represent themselves, the pictures are pretty good!

 

[jshepherd]

I don't think one can consider tin-cup plagiarism. It is used so extensively and is the name of a style, not a brand.

I would guess that the pieces are purchased prefab, probably from a Chinese vendor. A lot of companies use those sorts of pieces for promotional products. We've never used them personally, but I know my brother brings in those sorts often.

One thing mind-boggling to me, however, is the rating:

White "AAA Qualilty" = Highest

It is the same rating given for all the pieces like this one.

It just does not seem to make sense to me. Calling them AAA does not matter. That can be so subjective and vary from vendor to vendor. But calling them the highest-allowable grade makes no sense whatsoever. Unless "qualilty" does not mean the same thing as "quality".

 

[KAC]

I sure hope that strand isn't what they consider their highest - but in their defense I'm sure its a typo.

 

[The Pearl Outlet]

Knotty,

Thanks for pointing this out. You're absolutely right, they've pretty much taken a lot of stuff we've been doing lately, and they are doing the same thing, albeit they are selling them for more. If everyone has been watching our sales over the last year... many of the highlights would be:

Cranberry
Chocolate
Pistachio and Pink
Ropes
TinCups
Larger black freshwater strands

Even the gold work on the TinCup bracelet is nearly identical to what we are doing.

I thought the picture of the lavender strand was interesting on their site... I believe that was originally a picture of a white strand that has been color modified to look lavender. I could be wrong... but I doubt it.

 

[The Pearl Outlet]

Oh yes.. and black and white. We had 2 b&w necklaces and one b&w bracelet on our sale last month. Perhaps we should be flattered. Or maybe they just see the same trends.

 

[The Pearl Outlet]

A few examples of what we are talking about. These are from some of our previous sales. I?m not including ropes since we?ve been out of those for quite a while:

Cranberry Earrings

AP:
http://www.americanpearl.com/crpeeasetin1.html

TPO:
http://www.thepearloutlet.com/servlet/ProductView?commodityID=34678&command=cp&supplierID=490


Cranberry Necklace

AP:
http://www.americanpearl.com/crpene.html

TPO:
http://www.thepearloutlet.com/servlet/ProductView?commodityID=34091&command=cp&supplierID=490


Chocolate Earrings

AP:
http://www.americanpearl.com/8mmchea.html

TPO:
http://www.thepearloutlet.com/servlet/ProductView?commodityID=36304&command=cp&supplierID=490


Black and White:

AP
http://www.americanpearl.com/blandwhpene.html

TPO:
http://www.thepearloutlet.com/servlet/ProductView?commodityID=37676&command=cp&supplierID=490

http://www.thepearloutlet.com/servlet/ProductView?commodityID=37677&command=cp&supplierID=490

http://www.thepearloutlet.com/servlet/ProductView?commodityID=37653&command=cp&supplierID=490

Tin Cup Bracelet:

AP:
http://www.americanpearl.com/tincupbracelet.html

TPO:
http://www.thepearloutlet.com/servlet/ProductView?commodityID=35394&command=cp&supplierID=490


Pistachio and Pink/Lavender

AP:
http://www.americanpearl.com/laandgrpene.html

TPO:
http://www.thepearloutlet.com/servlet/ProductView?commodityID=36490&command=cp&supplierID=490

 

[jshepherd]

You know, great minds think alike Maybe you guys are getting them from the same place...

 

[Raisondetre]

I can't say they're plagiarising, but I think they have gotten lazy.

 

[Hanaleimom]

I think they may use the same supplier(s). It seems like nationalpearl.com has quite a few of the same items as TPO's fashion item line, but at higher prices.

Here's National Pearl's: http://www.nationalpearl.com/SearchResults.asp?Cat=1150

Here's TPO's: http://thepearloutlet.com/freshwater-fashion.htm

 

[Nerida]

That's a pretty close duplication of ranges, isn't it?

 

[Mikeyy]

Astonishing.

 

[Nerida]

Some even have the same name:

Fiore de Cilieggia I am sure means Cherry Blossom...

Cigno Grazioso pretty much means Elegant Swan..

 

[jshepherd]

They are the same pieces. The difference is in the mark ups.

 

[Miriam Reed]

Some even have the same name:

Fiore de Cilieggia I am sure means Cherry Blossom...

Cigno Grazioso pretty much means Elegant Swan..

Doesn't "Il Polipo" mean Octopus... and "Onda de Oceano" mean Ocean Wave....and "Cioccolato Ricco" is awfully close to Hooked on Chocolate, etc etc.

 

[laurenb]

Speaking of styles and trademarking, is it really possible that One Pearl has registered its "contrasting pearl design"?

http://www.onepearl.com/

 

[pearlescence]

It should not be a patent because it is not novel.
It isn't really a trademark either because the one pearl different idea cannot be applied to items
It is a specific design and as such there may be an element of copyright protection, although you cannot copyright an idea
Iffy
someone email them for the patent number?