Can a chisel-inspired bracelet design avoid infringement claims?

Question

I have designed a bracelet inspired by a chisel shape, featuring flat edges, zircon rows, and distinct proportions, unlike Cartier’s “Juste un Clou” or “Love” collections. My bracelet has a simple circular form without multiple helical turns, which is evident in Cartier's design patent USD788628S1. I have decorated my bracelet with elements like cross patterns, differentiating it further from Cartier's version. My bracelet is marketed as generic fashion jewelry, and I have confirmed my design is different from Cartier’s patented design. Additionally, I also checked my own logo to avoid trademark conflicts and have never used Cartier’s trademarks or logos. Could you confirm if my design and listing practices are sufficient to avoid any claim of infringement under U.S. law?

James L. Arrasmith · Answer

From what you’ve described, your bracelet has distinct design features that differentiate it from Cartier’s patented “Juste un Clou” and “Love” collections. The differences in shape, proportions, decoration, and overall aesthetic reduce the likelihood of your design being considered a direct copy. Avoiding the use of Cartier’s trademarks and logos in your marketing also helps prevent claims of trademark infringement or unfair competition. 
 
Design patent infringement generally focuses on whether an ordinary observer would find your piece substantially similar to the patented design. Since your bracelet has unique features, including cross patterns, flat edges, and a simple circular form without helical twists, it appears to depart meaningfully from the patented design. Your intentional differentiation and confirmation of originality strengthen your position. 
 
However, while your precautions reduce risk, no review can guarantee immunity from claims, because legal determinations depend on how courts or patent holders interpret “substantial similarity.” Continuing to document your design process, maintain records of how it differs from existing patents, and avoiding branding that could cause confusion will help protect you. Remaining transparent about your design’s originality in marketing further mitigates potential disputes.

Q: Can a chisel-inspired bracelet design avoid infringement claims?