Schawbel Technologies LLC v. The Heat Factory USA, Inc. (18-cv-10227).

  • February 7, 2018

Julie Renee Scarfone, who does business as Skar Designs, accuses Keely Smith, who does business as Keely Smith Jewelry Designs, of copyright infringement. Scarfone copyrighted a number of different jewelry designs over the last 15 years, and says that Smith has copied a significant number, such that virtually all of Smith’s pieces are knock-offs of Scarfone’s designs. Scarfone first contacted Smith in 2012 about the copying but did not at that time pursue litigation. She asserts that this contact involved works not asserted in this litigation. Scarfone notes that both she and Smith are located on Nantucket, a very small island, and sell within “mere feet” of each other, demonstrating Smith’s access to Scarfone’s designs. In addition to the copyright counts, Scarfone asserts violation of c. 93A.

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