Curious Ad from American Pearl

someone email them for the patent number?

Don't have to. The US PTO is open to anyone with a computer. Although I did find this on their site. "One Pearl's unique signature contrasting pearl design is registered with the U.S. Patent and Trademark Office under Design Patent No. D576,067 S. The contrasting pearl on all pieces is a patented design and sole property of One Pearl."
 
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Remarkable. Such as design would not be patentable in Europe. It is hardly novel nor a discovery of something new
 
That may or may not be a made up patent number. I did a google search on patent numbers and if you enter the full the full patent number there's nothing. If you eliminate the last few numbers one at a time you'll turn up patents for a doll (1920), a clothing design (1872), and a teapot looking thing (1853). I'm going to assume it's complete bull designed to make the necklace look more exclusive. I think it's nearly impossible to patent a design and extremely difficult to copyright a design. That's why fashion designers despair at copyright laws right now and why copying is so prevalent in fashion anyway.
 
One Pearl's design patent

One Pearl's design patent

Thanks for your interest in One Pearl’s designs. This is not a gimmick or a “made up” patent number. We have a registered design patent with the US government, which you can look up online at the US Patent and Trademark Office’s website under design patent number D576,067.

We take great pride in the symbolism of the contrasting pearl featured on all of our pieces, and the contrasting pearl design is central to our company’s story and mission in several ways:

  1. It symbolizes the child being helped by each One Pearl purchase via our funding of non-profits.
  2. It reflects the wearer’s individuality.
  3. It allows One Pearl customers to incorporate their own stories into the One Pearl mission; women often have someone in their lives that has undergone a personal crisis, and these pieces can be positive symbolic reminders of that individual and their challenges.
  4. The metaphor of a pearl is intrinsically linked to our work as a company. We all know how a pearl forms, which in a way is similar to the transformation available to children with proper health and education resources available to them. Thus the contrasting pearl is a symbol of hope for all of us, which we find well-reflected in the “one pearl” concept.

Rather than being a gimmick, the contrasting pearl is an essential part of the value we provide to our customers. Thus we have taken appropriate measures to safeguard the One Pearl brand and concept. We are not intellectual property attorneys ourselves, but have obtained this brand protection via the services of qualified professionals, and the approval of the US government. I’m sure the materials publicly available with the US Patent and Trademark Office can help clarify any further doubts you may have.

Please be cautious in your speculation regarding the business practices of other companies. Unsubstantiated comments like these reflect poorly on this forum and on this industry.

-------------------
Theresa Wing Hines
Founder, One Pearl
http://www.onepearl.com
 
Theresa, thank you for your response. While I find your mission laudable, I think the question was over the exclusivity of a single pearl as a protected design element (or some such - I am not even close to a legal expert!). For instance, while I can understand protecting your "OnePearl" name, is it really possible to prevent other designers from creating pieces with a contrasting color pearl? (Again, I am but a lowly beader, and I hope you understand that I am curious, not confrontational.) I can think of several instances where a single valuable pearl has been seated amongst a strand of lesser pearls to showcase it - would that be a violation of your patent? I note that your single pearls tend to be offset to the left side of the wearer - is your patent dependent upon that positioning?

This forum is generally quite favorable to companies that are involved in honest pearl marketing (as opposed to eBay scammers and the like) and we welcome your point of view.
 
I note that your single pearls tend to be offset to the left side of the wearer - is your patent dependent upon that positioning?

Yes I'm curious about your patent also. Does it cover any strand with one contrasting pearl, does it depend on position, size, type etc.?

It just seems so strange - maybe I'll patent the use drop pearls in pendants.(jk)
 
Thank you for the response Theresa. And I would not take the initial discussions the wrong way - as a person in the pearl business, you would know some of the odd claims some pearl websites make.

Although I am not a lawyer, I do find the fact you received the patent very interesting. In my experience, if a product already exists for at least one year in the market in a very similar or identical form before the patent application, the patent is denied (found in 35 USC 102 and 103). It is just very interesting.

Anyway - welcome to the forums!
 
Thanks again for all of the interest and comments. I can understand that you might find the patenting of a necklace design unusual; I know from experience that they are not given out very often.

Thanks to Knotty Panda for posting the USPTO link. You can also view the patent drawings on this site:

http://www.patentgenius.com/patent/D576067.html

And thanks, Brian, for the welcome to the forum! Much appreciated...
 
Yes I'm curious about your patent also. Does it cover any strand with one contrasting pearl, does it depend on position, size, type etc.?

Same here. I'm very, very curious. Thank you for the link to the photos as well. How long did the process take?
 
I thought that in order to put a link to your website in your signature on Pearl-Guide, you had to put a link to Pearl-Guide on your website. I don't see any links on One Pearl or Select Pearls. Are they hiding?
 
I thought that in order to put a link to your website in your signature on Pearl-Guide, you had to put a link to Pearl-Guide on your website. I don't see any links on One Pearl or Select Pearls. Are they hiding?

Hmm - they may just be unaware of that condition (I didn't know about it, but then I don't have a link in my sig -or a sig for that matter!- so perhaps it is brought up then)
 
With the understanding that I am not an attorney, nor am I attempting to give legal advice, I shall relate something that I observed a few years ago. A patent attorney came into the store that I worked in. The owner of the store has a patent on some very unique jewelry manufacturing tools and was concerned that a certain company might be infringing on his patent. (It turned out, eventually, that they weren't.) However, in the ensuing discussion, the attorney described the difficulties with being able to defend a patent. He told of a company that had hired him to defend their patent on a device that another company was copying. After the folks that hired him (in Canada) were $65,000.00 into their lawsuit, the accused produced a brochure (not even a patent) from an Australian company picturing and describing what was essentially the same device and that pre-dated the patent. Patent determined to be invalid, end of suit and money down the drain.

As for copyrights, I remember reading, more than once, about there being such a thing as an artist's copyright, at least in the U.S., that automatically applies to any original work of art whether registered or not. I'm not an attorney so I'm not sure how this works but I think that this has been in effect for a few decades now.
 
As for copyrights, I remember reading, more than once, about there being such a thing as an artist's copyright, at least in the U.S., that automatically applies to any original work of art whether registered or not. I'm not an attorney so I'm not sure how this works but I think that this has been in effect for a few decades now.

This is how print media operates, from what I've seen. There may be more formalities at behemoth publications, not sure. Media credit belongs to the person with the pen, the mouse or the camera in his/her hand, or whoever bought the rights. I've bent over backwards to get stated permission to run non-staff media with credit, but as far as I can tell, it's about due dilligence and ethics more than risk of lawsuit. Also depends on what you do with it... borrowing Flickr picnic photos and messing up the credit isn't equivalent to swiping breaking story footage, of course. :)

I'm also not an attorney, but logically, it seems like design patents would operate along similar lines most of the time-- really egregious abuse or high stakes would be required to justify court expenses, otherwise, it's about what a businessperson decides to respect/tells others to respect as company territory.

Hmm - they may just be unaware of that condition (I didn't know about it, but then I don't have a link in my sig -or a sig for that matter!- so perhaps it is brought up then)

Oh eek... I didn't remember that. Not that I'm the very toast of etsy or anything. Actually, might be best to fix my err... *ahem* sepia photography before I go tossing good names about on my profile there. :D
 
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Copyright is different to patent. A copyright is exactly what it says, the right to licence copies of that particular work. So..if you wanted to reproduce the preceding two sentences which are copyright me, technically you would need to ask me and gain my permission.
The US system (the US has its own copyright, design and patent trademarks convention/law to the rest of the world) requires that little c in a circle or tm or whatever are affixed to the work. In the rest of the world copyright is automatic, although authors make a declaration that they are the author/owner of the work to clear up any doubt. Copyright lasts for life plus 50 years. Patents are much shorter to allow for innovation development and entrepreneurship - I was working in a dispensing chemists years ago when penicillin went out of patent and all the drug companies scrambled with their generics.
There is special provision in the UK law for the play Peter Pan by the way. The author left all rights to Great Ormond Street Children's Hospital and this provided the hospital with a good income through the years.However as the bill was passed the play was going out of copyright. A special clause was inserted protecting the rights in Peter Pan in perpetuity. (When the film was made in America this law did not apply of course but the film maker still paid over the correct monies as goodwill)
 
I am still confused. I have a necklace of faceted black pearls with multicolored roundels. It has one contrasting,12mm white CFWP pearl in the center. Am I violating your patent? Actually, I got the necklace from Zeide, so is she violating your patent by making it and selling and/or passing it on.

Why should we have to do the legwork when you are already posting? Please explain what the patent is, what is permissible and what is not?
 

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...I got the necklace from Zeide, so is she violating your patent by making it and selling and/or passing it on......

Why yes, yes, Caitlin(you evil genius), it does seem that Zeide G. Erskine from Sea Cliff, California has violated the patent in question!! I just knew the LAW would catch up with her sooner or later.

Slraep
 
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EEK! hahaha...... What if Z made it before the patent? Is it grandfathered in?

I do think it is a gimmick, but a clever one. It seems One pearl is sincere and it seems to be an interesting way to promote their agenda, which seems to be a principled one. I remember checking out the site before I approved the application and it passed muster. I might not even have sent the "are you a spammer?" letter.

I don't understand what one has to do to avoid the patent. I don't see what is unique about putting one contrasting pearl in a piece--especially as the center piece. What happens when the centerpiece drifts up the side in a wearing? Then what if it gets photographed that way? It looks like it could be a violation of the patent.

What exactly does the patent say? What is new and patentable about that idea? Beats me. Why is such a patent needed?
 
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I think I've mentioned it once before, but Caitlin has never really polices the back-link issue. The reason is because the rule is a bit more technical than it appears. Because Pearl-Guide is what is known as an "authority site" to the search engines, links within this site carry a lot of weight in search engine rankings. However, an outgoing link to any site that does not link back is tagged with something called a no-follow attribute. In other words, it does not benefit the site the link is pointing to.

So in reality, it is to the benefit of the Web site to have a link pointing to PG, not the other way around.
 
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