Is it illegal to imitate Antique diamond ring designs?

Question

and sell them? they are Antiques ,their design don't belong to any one so ,what's the problem?

i am not going to sell them like they are real!

Answer 1

Yes. As long as you sell them as replicants and not try to pass them off as the real thing...

Answer 2

The act of imitating an antique is not illegal but to copy one and then sell the copy as an antique is illegal (its fraud)
At the same time it is possible that the real history of the piece is unknown and copyright infringements on someone's intellectual property is possible.

Answer 3

First, some of the designs may belong to someone, and thus be protected under intellectual property laws.

But assuming nobody owns the designs, as long as you are not claiming your jewelry is actually an antique, you should be fine.

Of course, all laws vary by jurisdiction (state/province, country), so there may be local laws that apply. When in doubt, consult an attorney licensed in your area.

Answer 4

Imitating antique diamond ring designs is to deceive people. There must be a warning to buyers about the imitation in order that there will be no fraud.

Answer 5

IMITATING them would not be a problem.


If you make a cast of a setting, re-cast it in the same material, then try to sell if off as an original, then that would be illegal.

You should definately credit the original manufacturer if it is a close replica (aka tiffany & co.)

Answer 6

"Imitate" or "copy"? Big difference.
If you are imitating a style or period, then you may use artistic license to offer similar pieces in the mode you are honoring.
However, certain designs of Tiffany or Cartier or Bulgari are protected by law, and to produce a COPY of them may put you in violation of applicable intellectual property laws. These are called "knock-offs", and of course they are usually crude imitations easily recognizable as not legitimate pieces.
However, it's always best to disclose to potential buyers that they are "fabulous fakes" or "historic replicas" or something of that sort to assure you are not attempting to perpetrate a fraudulent act.

Answer 7

You will need to check to see if the designs are in the public domain. Most likely they are--but sometimes such designs are--or have become--someone's property. So I'd check--just to be on the safe side.

Answer 8

IT MIGHT BE, IF THERE WAS A PATENT ON THE DESIGN, AND EVEN IF THE PAT TENT RAN OUT , SOMEONE ELSE COULD HAVE PURCHASED THE PAT TENT AND RE FILED. SO IF YOU CAN BE SURE THE DESIGN IS NOT UNDER COPYRIGHT, THEN OK, BEST TO CHECK IT OUT WITH THE LIBRARY OF CONGRESS.