Jordan Outdoor Enterprises Ltd. (“JOEL”), based in Columbus, Georgia, sued three competitors for copyright infringement of various camouflage designs. The suit, filed in the Columbus Division of the U.S. District Court for the Middle District of Georgia, alleges that Hubei LLC (“Hubei”), a Chinese exporter of camouflaged goods, Wildfowler, a Minnesota-based importer, and Thatchreed Ltd. d/b/a Jack Pyke of England, have repeatedly manufactured, exported, imported, and offered for sale products with camouflage patterns infringing several proprietary designs held by JOEL.
The complaint, filed October 30th, asserts that the defendants sold counterfeit versions of two well-known camouflage designs developed by Jordan and known as Realtree® and Advantage®. Copyright registrations for those patterns issued in 2001.
According to the complaint, “Hubei exports into the United States camouflage products with counterfeit versions of JOEL’s patterns thereon.” The complaint alleges: “The Wild Trees pattern contains numerous elements copied from the Realtree Hardwoods pattern with additional elements layered thereon.” The complaint also alleges that Hubei's "Wild Trees Grasslands" jacket is "a counterfeit version of the Advantage Max-4 pattern." Side-by-side comparisons of the asserted and accused works appear below.
Click here to see Pictures.
The jackets and other products manufactured by Hubei are made available for purchase in the United States by the other two defendants, according to the complaint, which also alleges that none of the defendants are, or have ever been, licensed distributors of JOEL products.
The complaint asserts counts against the defendants for copyright infringement; unfair competition under federal law, Georgia statutory law, and Georgia common law; and cancellation of Hubei’s Wild Trees® copyright registrations. JOEL seeks injunctive relief, awards of actual, statutory, and punitive damages, profits, trebling of the monetary award due to alleged willful conduct, attorneys’ fees, interest, and costs.
The case is Jordan Outdoor Enterprises Ltd. v Hubei Wild Trees Textiles Co., Ltd., Wildfowler Outfitter Inc., and Thatchreed Ltd. d/b/a Jack Pyke of England, No. 4-12-cv-297 (CDL) filed 10/30/12 in the U.S. District Court for the Middle District of Georgia, Columbus Division, assigned to U.S. District Judge Clay D. Land.