Jury Rules Against Blue
Nile in $60.1 Million Lawsuit That Sought to Stifle
Consumer-Friendly Price Comparisons
SEATTLE, Nov. 2 /PRNewswire/
-- Following a six-day trial, a federal jury here dismissed
Blue Nile Inc.'s $60.1 million claim against The Yehuda
Diamond Company, reaffirming Yehuda Diamond's right
to compare the prices of its clarity enhanced diamonds
to the untreated diamonds sold by online retailer
Blue Nile.
Yehuda Diamond, based in New York,
has earned widespread industry and consumer loyalty
for its successful competition with Blue Nile and other
online jewelers, favoring consumers not only with lower
prices but also with unsurpassed expert face-to-face
service and full Federal Trade Commission-compliant
disclosure.
The suit [No. C-07-2017 TSZ], brought
by Blue Nile and heard last month in U.S. District Court
for the Western District of Washington, involved Blue
Nile's efforts to prevent Yehuda Diamond from comparing
the price and appearance of its clarity enhanced diamonds
to those natural untreated diamonds sold by Blue Nile.
Yehuda Diamond has consistently contended,
even before Blue Nile filed the lawsuit against it in
December 2007, that Yehuda Diamond's price comparisons
are in the best interest of consumers. After 4-1/2 hours
of deliberations, the jury agreed, dismissing both Blue
Nile's federal and state claims that
Yehuda Diamond had engaged in false or misleading advertising.
Blue Nile, which has brought multiple
lawsuits against smaller competitors over the past decade,
had petitioned the jury to award it exemplary damages
of $60,161,834.64, based on alleged actual damages of
$20,053,944.88.
"This is a momentous victory for
all consumers and for free-market competition,"
says Dror Yehuda, president of Yehuda Diamonds.
"In essence, the jury told Blue
Nile that it can't use its massive size and legal muscle
to prevent consumers from learning about lower-priced,
quality alternatives to Blue Nile diamonds," explains
Mr. Yehuda. "In recent years, Blue Nile has preferred
to fight its competitors in the courtroom than in the
marketplace."
The jury's decision clears the path
for Yehuda Diamond to continue to inform consumers of
how much they stand to save by shopping at Yehuda Diamond
authorized retailers, who offer competitive prices along
with personalized, expert, face-to-face customer service
for its clarity enhanced diamonds. By
comparison, Blue Nile untreated diamonds are frequently
higher-priced and Blue Nile bypasses the retail distribution
chain altogether.
Moreover, Mr. Yehuda vowed that his
company will continue to press its own lawsuit against
Blue Nile [Court
Case #08-CV-9751] filed in November 2008 in U.S.
District Court for the Southern District of New York.
In that ongoing case, Yehuda Diamond
contends that consumers who purchased rubies, emeralds,
sapphires or jewelry containing those stones from Blue
Nile were not informed that the gemstones had been treated
to enhance their appearance.
As Mr. Yehuda previously noted: "We
believe Blue Nile is deliberately misleading consumers
about the quality of some of the gemstones it sells"
in defiance of best industry recommend practices. "When
a giant retailer such as Blue Nile does not do right
by consumers, it taints our entire industry."
Yehuda Diamond has repeatedly endorsed
full disclosure to consumers of any and all fillings
and treatments made to valuable gemstones, including
diamonds. Yehuda Diamond goes to great lengths to inform
consumers of its own proprietary clarity enhanced diamond
enhancement process, including prominent videos and
text on its popular www.yehuda.com web site that illustrate
the Yehuda Diamond proprietary technique.
Testifying at trial in Seattle, Mr.
Yehuda cited Blue Nile's grading of its treated gemstones,
such as rubies and emeralds, to rebut Blue Nile's contention
that Yehuda Diamond acted improperly in grading its
clarity
enhanced diamonds after enhancement.
"Clearly, the jury understood
the hypocrisy of Blue Nile saying that it is okay for
Blue Nile to grade in this manner, but not okay for
Yehuda Diamond," Mr. Yehuda noted after the verdict
was announced. "More importantly, Yehuda Diamond
is upfront and straightforward in telling our customers
about our grading process, while Blue Nile keeps so
many of its customers in the complete dark."
Mr. Yehuda said that given the jury's
rulings in support of Yehuda Diamond, he has asked his
attorneys to petition the judge in the case, the Honorable
Thomas S. Zilly, to require Blue Nile to pay Yehuda
Diamond's legal fees. Yehuda Diamond is represented
by Pearl Cohen Zedek Latzer LLP, a Manhattan-based law
firm.
Full details concerning the price-advantages,
brilliance and other characteristics of Yehuda clarity
enhanced diamonds can be found at www.yehuda.com. In
addition, the Yehuda Diamond web site explains why it
encourages all consumers to visit an affiliated local
jeweler and personally examine the diamonds before they
buy - without cost, obligation or pressure.
For additional information, contact
Dror Yehuda of Yehuda Diamond at 212-221-5985.
SOURCE The Yehuda Diamond Company
Dror Yehuda of Yehuda Diamond, +1-212-221-5985
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