De Beers has defaulted in a second lawsuit—this time over the use of the letters “DTC.”
Since summer 2000, De Beers has used “DTC” (Diamond Trading Company) as a trade name. This spurred a lawsuit from New York’s Diarama Trading Company, which claimed it had the rights to the initials. Diarama also sued De Beers’ U.S. ad agency, J. Walter Thompson, and four New York sightholders who called themselves “DTC sightholders.” (See “De Beers Faces Dual Litigation,” JCK, July 2001, p. 52.)
De Beers recently was added to the list of defendants, but the company declined to answer the complaint, says Diarama’s lawyer, Amy Goldsmith. Diarama will now request a default judgment. De Beers has no legal presence in the United States.
The other defendants in the lawsuit—including J. Walter Thompson and four New York sightholders—did answer the complaint, Goldsmith says.
Earlier this year, De Beers defaulted in an antitrust lawsuit brought by a New York consumer. At press time, the judge had not ruled on damages, since the plaintiffs have not filed for relief because of some tangential legal issues. The original remedies being sought include a cessation of U.S. diamond advertising.
De Beers declined to comment on the lawsuits.