New Rules & Regulations

[PinkDiamond]

Seems they pass new laws every day that we're expected to keep up with. Here's one that affects sellers, regardless of whether the Feds pass it, because Massachusetts has already done so. This is definitely a good news for everyone who has ever given their personal information to make a purchase, but what does it mean for sellers?

Data Privacy Rules Coming as Massachusetts Trumps the Feds
http://industry.bnet.com/retail/1000270 ... in;content

[PinkDiamond]

Here's one from colored-stone.com where the jeweler prevailed in a valuation and treatment disclosure lawsuit:

"On Tuesday, July 21st, in Louisville, Kentucky, jeweler Jim Jackson was acquitted of all charges brought against him in an emerald valuation and treatment disclosure case of major importance to every jeweler in America. What’s more, it took the jury less than an hour to deliver its unanimous verdict. What went right?

The case of the Estate of Robinson Brown Jr. versus Aesthetics in Jewelry boils down to this: an unrelenting attempt by heirs to make a jeweler take back a very fine piece of emerald jewelry bought by their deceased father as an intended museum donation to honor their late mother. Everything else is subservient to this fact—a fact a Louisville jury apparently never forgot after a week of intricate and at times insidious testimony involving important but nevertheless smokescreen issues such as enhancement disclosure and proper appraisal techniques. If you want the deepest understanding of this case, read Shakespeare’s “King Lear” first to fathom the primary moral issues involved, then focus on its many secondary legal issues. Never forget the human drama that was being enacted in the court room. Link here for GemMail’s account of this harrowing Louisville court battle:

http://www.colored-stone.com/stories/ju ... eralds.cfm

This really emphasizes just how important proper disclosure is!

[PinkDiamond]

No NRC Action on Irradiated Gems, Groups Say

"The Nuclear Regulatory Commission notified the Jewelers Vigilance Committee and American Gem Trade Association that they will take no action against licensees, importers and distributors or others who imported or sold irradiated gemstones in the United States from 2001-2007."

http://www.jckonline.com/article/326390 ... visitor_id##&source=title

NRC Decision on Imported Irradiated Gemstones Prior to Nov. '07

"JVC and AGTA developed an easily understood guide on the requirements of importing and selling irradiated gemstones in the U.S. “The Essential Guide to the Trade in Irradiated Gemstones” can be downloaded from JVC’s and AGTA’s websites. Please visit http://www.jvclegal.org for information about irradiated gemstones and other legal compliance issues pertaining to the manufacture, sale and marketing of fine jewelry. "

http://www.diamonds.net/News/NewsItem.a ... leID=27415

[PinkDiamond]

Obama renews ban on ruby, jade from Myanmar

"Congress reauthorized the sanctions last week and the president signed the bill into law on Tuesday, dashing the hopes of the American Gem Trade Association, the World Jewellery Confederation (CIBJO) and several other jewelry organizations worldwide that united earlier this summer to urge Congress to consider lifting the U.S. ban on rubies imported from Myanmar. The ban, which began in 2003, was tightened further in September 2008, as part of the Tom Lantos Block Burmese JADE (Junta's Anti-Democratic Efforts) Act of 2008, which extended the ban to include a prohibition on stones processed in third-party nations, such as Thailand, closing a loophole in the original legislation."

http://www.ethiopianreview.com/articles/20660

[PinkDiamond]

Some good news:

Precious Metals and Gemstones Exempt from Lead Law

"The Consumer Product Safety Commission voted Thursday to exempt precious metals (karat gold, sterling, and platinum group metals) and gemstones from the testing and certification requirements for children's products, inlucindg jewelry, covered by the Consumer Product Safety Improvement Act.

The exemption becomes effective upon publication in the Federal Register, which should occur within ..."

http://www.jckonline.com/article/328189 ... d=15114325

[PinkDiamond]

Jadeite and Ruby Reminder When Traveling

"As many AGTA Members prepare to travel overseas to the Hong Kong Show and beyond, please be aware of the restrictions now in place if traveling with your jadeite or ruby jewelry as found in the Tom Lantos Block Burmese JADE Act. Rubies and jadeite of non-Burmese origin are not restricted, but questions may arise upon re-entry to the U.S. from abroad.

If you do choose to travel with your jadeite or ruby jewelry, please note below":

http://www.multibriefs.com/briefs/agta/JadeiteRuby.htm

[PinkDiamond]

IRS to Examine Jewelers for Patriot Act Compliance
Rob Bates, Senior Editor -- JCK Online, 10/28/2009

"The Internal Revenue Service plans to examine jewelry companies for compliance with the Patriot Act, according to Cecilia Gardner, Jewelers Vigilance Committee president, CEO and general counsel, who met with IRS agents yesterday.

"The IRS will be looking at all segments of our business for compliance, in all parts of the country," she said. "My takeaway from this meeting is that these examinations will start very soon."..."

http://www.jckonline.com/article/366684 ... d=15114325

[PinkDiamond]

The Kimberley Process and Zimbabwe, Once Again .... (Updated)
November 9, 2009

Some notes on the latest KP plenary, which ended with the decision not to suspend Zimbabwe

"First, it’s important to note that, despite all the NGO statements and consumer petitions, the most likely outcome always was that Zimbabwe would not be suspended, especially once the issue became politicized and high-profile. (Partial suspension for the Marange region was also considered; that didn’t happen either.) There simply doesn’t seem to be the political will among certain influential KP governments, for various political reasons, to discipline Zimbabwe, at least for now..."

http://www.jckonline.com/blog/Cutting_R ... d=15114325

[PinkDiamond]

Here is all the information along with the requirements you need to know to make proper disclosure on any kind of gemstone:

The Gemstone Information Manual by the American Gem Trade Association

Industry Information Guide for Natural Gemstones, Enhanced Natural Gemstones and Man-Made Stones

"The Federal Trade Commission Guides for the Jewelry Industry as revised April 10, 2001 are designed to prevent unfair or deceptive trade practices. The revised Guides contain new language as to gemstone enhancement disclosure requirements which apply equally to diamonds and all other natural materials.

This manual contains information necessary for minimal compliance with the revised FTC Guides and ethical jewelry trade practices. It also provides a useful method to communicate required gemstone treatment disclosure information within the trade

FTC Disclosure Requirements:..."

http://www.firemountaingems.com/encyclo ... docid=8930

[PinkDiamond]

Finally fleabay is getting their wrist slapped:

eBay Fined by Paris Commerical Court
JCK Staff -- JCK Online, 11/30/2009

"eBay was fined Tueday by The Paris Commercial Court for the unlawful marketing on its site of Christian Dior, Kenzo, Givenchy and Guerlain perfumes, according to a press release from LVMH Moet Hennessy Louis Vuitton..."

http://www.jckonline.com/article/391057 ... d=15114325

Now maybe if someone would go after them in a French court for all the fraudulent gems and jewelry they allow to be sold there, we'd get somewhere and they'd be forced to police their auctions and ban all the swindlers who sell there!

*note* I have honest friends who sell over there, so rest assured that I'm NOT saying they're all swindlers just 'cause they use that venue. I'm just glad a court recognized that they allow such shenanigans to go on, and that it will cost them because if it's recognized as fact in one area, it's easier to prove that it's business as usual for them and they're doing it in other areas, such as gems and jewelry.

[ZeBoxx]

"eBay was fined Tueday by The Paris Commercial Court for the unlawful marketing on its site of Christian Dior, Kenzo, Givenchy and Guerlain perfumes, according to a press release from LVMH (Louis Vuitton Moët Hennessy)..."

I'd like to point out that this decision is very much a double-edged sword; and LVMH likes it that way.

Yes, it should stop* those selling counterfeit goods. That's excellent, certainly, as nobody likes to be duped (unlike the streets of NY where an offering of an LV handbag for $20 you can be pretty sure it's counterfeit; whether you then proceed to purchase is your own bother).

However.. please read the exact case.. this isn't even about counterfeit goods; that is a straw man argument being used as part of the case. The actual complaint that LVHM lodged is that they are 1. allowing 'advertising' of products (i.e. listing items) using their brand names and 2. allowing the sale of those goods outside of *their approved network*.

So this doesn't just affect the counterfeiters.. this affects every plain consumer (well, in France, at least - and looks like the UK as well) who - for example - gets a bottle of perfume with Christmas, does their "oh thank you! that is SO nice!" while knowing they don't like the scent, and then goes and tries to sell it on 'fleabay'. They're not allowed to - because that would be outside of the LVHM sales network and besides how would you post the listing if you're not allowed to use the actual brand/name of the product in any way?

This is a very, very thinly veiled move by LVHM to keep their products 1. exclusive (if your product appears on e-bay, then its perceived value drops substantially) and 2. high-priced (as they get to decide who sells their goods and thus the prices; anybody who decides to go under can simply be banned from the network).

Does e-bay need to act more strongly against counterfeiters, frauds, and even the insane listings for objects claiming to be A when in fact it is B? Absolutely.
Should e-bay restrict the sale of *genuine goods* from honest sellers just because a big company doesn't like the resale of those goods on such a site? I say: no. Unfortunately, the court has now allowed such companies to take a big step to making that an absolute reality.

Imagine if the exploiters of the Lightning Ridge region mines had trademarked the name and not only made a deal that any stones mined there can only be sold through the LR (online) giftshops, but that anybody who purchases a stone there is not allowed to then sell it on to another person on e.g. opalauctions and certainly not while indicating that it is a Lightning Ridge stone.

* I do say 'should stop' because there's no simple automatic filter that -would- stop such listings. If somebody decides to write 'CD' instead of Christian Dior, or sellers and buyers agree to use "Kris D'Or" instead - good luck making a filter that would block this; which is what an earlier suit was about, stating that the filters e-bay had put in place at the time (2008) were insufficient. The alternative of letting employees OK each submission before placement would be prohibitively expensive. It'd be like making Wayne verify that each listing is exactly what it says it is.. with hundreds of new items each week, that's just not a good solution.

And yes - several of the OA and GRA sellers sell on e-bay as well, and I always recognize them (woodedpath, tenderocks, among others) and - irrational as it might be - always have a feeling they're more likely to be honest about their products than a random seller as a result.

[PinkDiamond]

Although I must agree with you overall ZeBoxx, we're talking fleabay sellers, and they're not just turning one bottle of perfume that doesn't appeal to them; they're selling knockoffs incessantly, and it seems it would be pretty easy for fleabay to require an invoice for the products from a certified vendor be submitted when sellers consistently auction name brands, while an individual just getting rid of an unwanted item isn't doing so repeatedly. All the companies in the suit have built up their names, and rightfully don't want to see inferior products sold as theirs, and who can blame them?! That's like someone selling Mexican opal as Lightning Ridge. But this is really only the court making a statement, since this is chump change to fleabay and they'll recoup their losses by passing the costs on to their vendors via increased fees - again. It's rather like Big pHarma; once enough people are taking their poisons, and deaths and physical symptoms from the side effects reach critical mass, then lawyers jump on the bandwagon and sue them, the court will fine them what amounts to a pittance, and the FDA might require them to put one of their infamously useless 'black box warnings' on the label, but business will continue on as usual, making the whole game worth it to their bottom line.

I don't see this as anything but a slap on the wrist, but after the US court letting them off the hook entirely, I still see this as one small step in the right direction. Just my

[ZeBoxx]

Well that's exactly the thing, though... all these measures are going to achieve is that legit users won't be able to sell the genuine goods under their genuine name, etc. while the scammers will continue doing what they've always done.. slightly varying the spelling, only vaguely noting that it is a fake, etc.

So in the end, e-bay, the scammers, and LVMH aren't hurt by any additional measures; while honest sellers are.

The only way to prevent it almost-completely is to check each submission before publishing. 'we' can't even get that going on OA/GRA (see the jade topic); how would e-bay ever manage?

[PinkDiamond]

CIBJO to Introduce, Ratify Emerald Guide

"Press Release, Milan, February 4, 2010: During its meeting, the Coloured Stone Commission of the CIBJO will introduce and ratify the Emerald Guide, while recommending modification of its Ruby and Sapphire guides. In the Ruby Guide, by adding Mozambique to the list of known mining localities and in the Sapphire Guide, it plans to add a qualifier that states: "Sapphires come in all colors of the rainbow except red."

Additionally, the report gives an update regarding the Retailers Reference Guide (RRG) that was released during the 2009 CIBJO Congress in Istanbul, Turkey, whose gemstone section is largely devoted to coloured gemstones..."

http://www.diamonds.net/news/NewsItem.a ... leID=29703

And here's the link to the report, which is also available at the link above:

CIBJO Coloured Stone Commission report at:

http://download.cibjo.org/special_repor ... ission.pdf

[Gemjunkie]

OMG. Not another week-long convention in the Mediterranean to produce another one page puff-piece. "Emeralds with better color are more valuable than emeralds with poor color. Emeralds with better clarity are worth more than emeralds with many inclusions and fractures. Larger emeralds of a given quality are more valuable than smaller emeralds." How many years experience do their GG's need to work on these projects?

BTW, has anyone here ever seen a sapphire that was the bright green you see in rainbows?