A New York federal court has allowed Foundrae’s copyright infringement lawsuit against Pandora to proceed, denying Pandora’s motion to dismiss. The New York-based jewelry brand Foundrae filed the suit on February 17 in the U.S. District Court for the Southern District of New York, claiming that Pandora’s “Talisman” collection infringed on its copyrighted medallion designs.
The Talisman Collection and Foundrae’s Claims
Pandora launched its Talisman collection in August 2025, featuring 12 medallions adorned with symbols such as lions, roses, arrows, and celestial motifs. Foundrae alleges that the collection’s designs and marketing closely resemble its own signature pieces, prompting customer inquiries about the similarities.
In its complaint, Foundrae specifically highlighted Pandora’s “Passion” and “Balance” medallions, asserting they replicate the protected expression of its original designs. On September 10, federal judge Colleen McMahon denied Pandora’s motion to dismiss, filed on April 20. She ruled that the issue of copyright infringement should be decided by a judge and jury.
Legal Arguments and Tests for Similarity
Pandora acknowledges Foundrae’s valid copyrights but argues that even if copying occurred-which it denies-the designs are not substantially similar under the law. At the motion to dismiss stage, the court may assume that actual copying occurred and move straight to the issue of substantial similarity between the parties’ products.
The court may apply the ordinary observer test, which determines if an average person would consider one design a copy of the other. However, when an item has both protectable and unprotectable elements, the court will usually apply the “more discerning ordinary observer test,” which asks only if the elements that are protected are substantially similar. Pandora advocates for the latter, while Foundrae prefers the former.
Judge McMahon observed that courts in this circuit have disagreed on which test to apply in jewelry design cases. She concluded that regardless of the test, she could not dismiss the case, as Foundrae’s medallions and Pandora’s charms may be substantially similar.
Design Protection and Visual Similarities
Foundrae is not claiming that the crossed arrows and sun and moon elements are individually protected, but rather that its “original selection, coordination, and arrangement of those individual elements is subject to copyright protection.” Pandora has pointed to several dissimilarities between the two collections, but one could consider these differences to be minor, wrote McMahon, and “minor differences cannot overcome the more visually dominant similarities between the designs’ total concept and feel.”
