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Sterling Jewelers, Inc. v. Artistry Ltd.

United States Court of Appeals, Sixth Circuit

July 24, 2018

Sterling Jewelers, Inc., Plaintiff-Appellee,
v.
Artistry Ltd., Defendant-Appellant.

          Argued: June 5, 2018

          Appeal from the United States District Court for the Northern District of Ohio at Akron. No. 5:14-cv-01369-John R. Adams, District Judge.

         ARGUED:

          Bruce W. Baber, KING & SPALDING LLP, Atlanta, Georgia, for Appellant.

          Andrea Calvaruso, KELLEY DRYE & WARREN LLP, New York, New York, for Appellee.

         ON BRIEF:

          Bruce W. Baber, KING & SPALDING LLP, Atlanta, Georgia, for Appellant.

          Andrea Calvaruso, Levi Downing, KELLEY DRYE & WARREN LLP, New York, New York, Michael J. Garvin, VORYS, SATER, SEYMOUR & PEASE LLP, Cleveland, Ohio, for Appellee.

          Before: BOGGS, SILER, and SUTTON, Circuit Judges.

          OPINION

          SUTTON, CIRCUIT JUDGE.

         Artistry, Ltd., a jewelry wholesaler, sells its products to retailers across the country. When Sterling Jewelers began marketing a line of jewelry under the name "Artistry Diamond Collection," Artistry, Ltd. accused Sterling of infringing its trademark. The district court granted summary judgment to Sterling after concluding that its mark was not likely to confuse consumers in the distinct market in which it operated. We affirm.

         I.

         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.

         Artistry, Ltd. is less well known. Based in Skokie, Illinois, the small family-owned company does not sell its products directly to end consumers. It is a wholesaler, essentially a middleman, that purchases jewelry from manufacturers and sells it to jewelry retailers. The company markets its products to ...


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