Foundrae Copyright Case against Pandora can Proceed

(IDEX Online) - A copyright lawsuit brought by jewelry brand Foundrae against Pandora can proceed, a US federal judge has ruled.

Judge Colleen McMahon of the US District Court for the Southern District of New York rejected a motion by Pandora to dismiss the case on September 10.

Foundrae, the New York jewelry brand founded by designer Beth Hutchens, began legal action against Pandora in February.

It claims the Danish jewelry giant copied protected elements of two of its medallions, Passion and Balance.

The two disputed designs, in Pandora's Talisman collection, feature crossed arrows and sun-and-moon imagery.

Foundrae is not claiming copyright protection over those symbols individually. Instead, it argues that its original selection, coordination and arrangement of them, together with other elements, constitute protected expression, a distinction that is central to the case.

Pandora argued that the similarities relied on by Foundrae involved common symbols and that, even if Pandora had actually copied the designs, the two products were not substantially similar as a matter of law. Pandora has denied infringement.

McMahon said the court could not reach that conclusion at the motion-to-dismiss stage.

She noted that courts can use different tests when assessing substantial similarity, depending on whether a design contains both protectable and unprotectable elements.

But regardless of which test is applied, she said she could not conclude that Foundrae's medallions and Pandora's charms were not substantially similar as a matter of law.

"Though the individual features of Foundrae's medallions might not be protectible when viewed separately, they produce a specific 'look' when coordinated together," McMahon wrote in an opinion.

She also said that differences identified by Pandora could ultimately be considered minor when compared with the more visually dominant similarities in the designs' overall concept and feel.

Foundrae was established in 2015 and became known for 18-karat gold medallions featuring diamonds and symbolic motifs drawn from mythology and nature.

Its designs have been worn by Taylor Swift, Michelle Obama, Gwyneth Paltrow, Emily Ratajkowski and other celebrities.

Pandora launched its Talisman collection in August 2025 with 12 medallions featuring symbols including a lion, rose, arrows, sun and moon.

The pieces were made primarily from recycled sterling silver and were priced from $45 to $125, while Foundrae's higher-end medallions use 18-karat gold and natural diamonds.

The September 10 ruling establishes only that Foundrae's copyright claim can proceed. It does not establish that Pandora infringed the copyrights.

Pic from court documents shows Pandora's medallions (the alleged infringing products), side by side with Foundrae's.