Sorry @jenniesgems, but is there a rule I didn’t know about which states this? Swarovski refer to them as “crystal pearls” so I assumed it was okay to do so. “Swarovski” Elements embraces their entire range, including bicones, rondelles, pendants, hotfix and flat-back stones, so it would be rather confusing to a customer (who is most likely not a jewellery maker) to describe them as “elements” rather than “crystal pearls.”
There was thread on here a while ago about copyright and some one was on about you cant describe them as Swarovski pearl earrings in the title unless they are made by Swarovski and it is ok to use Swarovski elements so I changed the title
I do tell the customer in the description they are Swarovski pearls I don’t know if this is right with the copyright but changed it to be on the safe side
I think that it is okay to refer to the pearls as Swarovski pearls-after all Folksy forbids re-selling, so there can be no possible confusion on that score.
If you want to be doubly sure, use the construction of the sentence to create a distinction between the earrings and the pearls, for example “Hand made silver earrings featuring Swarovski Pearls” and so-on and so forth.
Swarovski probably make too much money from people like us to start suing us for using their products. After all, we could easily just switch to cheaper Chinese and Czech competitors if they decided to make life difficult for us.
This is all very confusing! I try to be as acurate and detailed as I can but also try not to make the description too long that it then becomes boring! I use a variety of materials in my jewellery and use freshwater pearls, Swarovski pearls and glass pearl beads. I put the type of ‘pearl’ in the title and always put quite clearly in the description which type of silver, pearls or beads etc that I have used.
I didn’t know about listing Swarovski pearls as Swarovski Elements. I have used in a description ‘Swarovski glass pearls’ is this allowed?
Sam @SamanthaStanley - there was a discussion about how you should use the term Swarovski some time ago but I can’t for the life of me find it and as I don’t use them can’t remember what the advise was. Apparently Swarovski had issued some sort of statement about how you can and can not describe items made with their crystals, pearls etc. I have a feeling you can say “earrings made with Swarovski pearls” but not “Swarovski pearl earrings” and similarly in the description. Don’t assume they make too much money from crafters to bother about suing - apparently that is exactly what they are doing! However, as I say I can’t remember the details exactly so please don’t take my word as gospel!
That’s what I was suggesting. If the sentence is constructed “Earrings featuring Swarovski Pearls” there can be no trademark enfringement (as long as you are not lying about them being Swarovski, of course).
I was just pointing out that Swarovski’s history is a long one (They started out in Bohemia at the end of the C19) and the vast majority of that time they made beads and rhinestones for jewellery manufacturers and craftspeople. They only started making their own jewellery recently (comparatively speaking) and this is still not their core business.
Given that they are major suppliers to Cooksons (who mostly supplier professional jewellers and jewellery making companies) they expect their pearls to be strung and re-sold, not just used by hobbyists for themselves.
I have never received a “Cease and Desist” notice from them and neither has anybody else I know, much less anybody being sued.
What they may be concerned about is people making copies of their jewellery designs and then passing them off as wholly made by Swarovski. People who do that deserve everything they get, but I can’t see any legal action arising from the business people do on Folksy, where all the designs are (or should be) original and the property of the artist who is selling them.
Thanks @SashaGarrett you always have the best advice for jewellery makers. Having read this I don’t think anybody on this forum or Folksy itself is infringing Swarovski copyright (which is a relief)! I have to say, I’m totally with them on the subject of calling their products “swarovski’s” which always sets my teeth on edge…
I know some sellers on Etsy have had items taken down because they worded their descriptions of their jewellery designs when using Swarovski gems.
So yes they do come after you if you get it wrong. You have to careful with your titles. ie Bracelets made with Swarovski pearls rather than Swarovski bracelet as that would be suggesting the bracelet was a Swarovski bracelet rather than made with Swarovski pearls
What would people do if they spotted a listing with inaccurate or misleading info? I once contacted a designer as I felt her description was inaccurate (too much time spent looking at gemstones so I’m now pretty good at spotting faux stones and hers wasn’t listed as such) but nothing came of it.
That’s a hard one as some people are more than happy to be informed while others pride gets in the way and they can become rude, think your sticking your nose into their business etc etc or they’ve done it on purpose to false advertise/con buyers so aren’t going to welcome or care about you trying to be helpful.
If it’s someone who you talk to in the forums ie got to know a wee bit then yes I’d send a polite private message otherwise I think I’d not say anything.
It’s a difficult situation and I guess you just have to go with your gut feeling and treat such cases on whether you know the seller or not.
I would much rather read a wordy description that told me exactly what I was getting. Even the best of photos don’t always tell the whole story.
My personal peeves are titles that say “wool” when it’s really acrylic yarn, or “alpaca” when it’s an alpaca/wool/acrylic blend, because I am looking for the pure version.
I know what you mean it’s my bug bear as well as a worker in yarns and fabrics.
Some don’t even say what their fabrics are ie 100/% or poly cotton mix when it comes to fabrics.
I do know that a lot of people when shopping on the web don’t often read the descriptions properly if at all they go by photo’s especially when viewing on smart phones.
They are a real pearl but should be refered to as cultured pearls to distinguish them from natural pearls (ie those that occur spontaneously). Faux pearls are the ones made from glass or plastic that have never seen the inside of a mollusc.