Can I Get a Witness?(jewelry design cases)(BB Becker)(Jeanine Payer)(Editorial)

Jewelers Circular Keystone, August, 2006

By Gary Roskin, G.G., FGA, Senior Editor

When a jewelry design controversy winds up in court, the best expert witness might just be a jewelry historian-not an appraiser or a gemologist.

BB Becker, Denver, engraves inspirational messages on sterling silver bracelets, charms, and pendants. So does San Francisco jewelry artist Jeanine Payer. Payer believed Becker's pieces too closely resembled her designs, so she sued him for trade dress infringement. Last October, after hearing expert testimony from a jewelry historian, a New York City jury found Becker not guilty.

Typically, a graduate gemologist or a jewelry appraiser-not a historian-is called on for expert-witness testimony in jewelry disputes. That's because they've usually sold or...