NO jeweler claims competitor infringed on 'Who Dat' copyright

Michelle Massey Aug. 23, 2010, 4:44am

A New Orleans jewelry designer has filed a lawsuit against a New Orleans competitor alleging the competitor copied a jewelry design for a football-themed fleur de lis which included the words "Who Dat."

Silver Dream filed suit against Silvia Asturias, Juan Asturias and Mayan Obsessions Inc. doing business as Sterling Silvia on Aug. 6 in federal court in New Orleans.

Silver Dream is a Louisiana limited liability company with its principal place of business in New Orleans. The company designs, markets and sells jewelry. Silver Dream states it conceived and created the jewelry design at issue in the fall of 2009. The design is for a football-themed fleur de lis that includes an image of a football, a sports stadium and the words "Who Dat," "New Orleans," and "Believe Dat."

According to the lawsuit, Silver Dream did not learn the defendants were selling jewelry with the same design until July 30. Aside from being slightly larger, the defendant's pendant is allegedly identical to pendants sold by Silver Dream.

Silver Dream submitted an application to register the Silver Dream Design with the U.S. Copyright Office on Aug. 4.

The defendants are accused of copyright violation, unfair competition under Louisiana law and a violation of the Louisiana Unfair Trade Practices and consumer protection laws.

Silver Dream is seeking preliminary and permanent injunctive relief, seizure and destruction of all infringing materials, for an order requiring defendant to account for and pay Silver Dream all gains, profits and advantages derived from the violations, exemplary damages, interest, court costs and attorney fees.

Silver Dream is represented by Gregory Latham in New Orleans.

U.S. District Judge Sarah S. Vance is assigned to the litigation.

Case No. 2:10cv02580

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