The fight continues over the Canadian polar bear.

Earlier this year, the government of Canada’s Northwest Territories tried to prevent local cutter Sirius Diamonds from etching the local icon on its stones, claiming it had rights to the three-legged bear after 35 years of use. Sirius countered that it was the first to imprint the microscopic mascot on gems, and therefore the right to use it on diamonds belongs to them.

Now, a Canadian court has refused to grant an injunction against Sirius’s use of the bear until the issue is settled at trial. “That means they can still use it until the court rules at the trial,” says Martin Irving, director of diamond projects for the Northwest Territories.

Sirius president Stephen Ben-Oliel hopes the matter can now be resolved through negotiations. Irving agrees: “We prefer to settle this through negotiations [rather] than the court process.”