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Womble Bond Dickinson (US) LLP | USA | 19 Sep 2016

No Time to Relax for Inflatable Lounger Companies

With their newly issued design patent in hand, Fatboy the Original B.V. and Fatboy USA have quickly acted to defend their place on the sand. (Photo


Womble Bond Dickinson (US) LLP | USA | 13 Feb 2013

Textile company slams furniture manufacturer and retailers with copyright infringement suit

On February 7, 2013, textile company SwavelleMill Creek Fabrics (New York, NY), along with related entities Textile Fabric Associates, LLC and


Womble Bond Dickinson (US) LLP | USA | 21 Jan 2013

Second Circuit affirms dismissal of copyright claim in use of images of "high-end" furniture

In a summary order handed down December 23, 2012, the United States Court of Appeal for the Second Circuit affirmed the district court's dismissal of


Womble Bond Dickinson (US) LLP | USA | 12 Jan 2012

No copyright coverage of digital images of useful items (furniture)

Copyright covers original, non-useful works of authorship; including pictoral, sculptural and graphic works, fixed in a tangible medium of expression.


Womble Bond Dickinson (US) LLP | USA | 10 Jan 2012

Don't forget the unfair and deceptive trade practices claim

In a straight forward copyright infringement case the plaintiff cannot usually also assert a claim under North Carolina Gen. Stat. 75-1.1 because the claim is preempted by federal copyright law.


Womble Bond Dickinson (US) LLP | USA | 10 Jun 2011

Rugs form basis for copyright turf battle

Unlike with most furniture, the rug designer really only has one arrow in their quiver and that is copyright protection.


Womble Bond Dickinson (US) LLP | USA | 4 Apr 2011

"Slogan infringement" covered, product name not slogan

Following up on a topic of insurance coverage for trademark infringement claims (recently covered on this blog), the U.


Womble Bond Dickinson (US) LLP | USA | 20 Nov 2010

DMCA infringement notices results in finding of utilitarian copyright claims

On Oct. 21, 2010, the United States District Court for the Eastern District of California, Civil Action No. 2:10-cv-2765 (Judge Wm. B. Shubb) entered a temporary restraining order prohibiting Zen Path, LLC from submitting infringement notices to eBay claiming that Design Furnishings, Inc.'s wicker furniture infringes Zen Path's copyrights in numerous articles of wicker furniture.


Womble Bond Dickinson (US) LLP | USA | 4 Sep 2010

Persian Carpet files copyright suit on "Ginko" rug

On August 6, 2010, The Persian Carpet, Inc. (a Durham, North Carolina based company) filed a copyright infringement action in the United States District Court for the Middle District of North Carolina (Civil Action No. 1:10-cv-604) against Tashi Dhan Galaicha Udhyog (a business in Nepal) and Phurbu Nyima Sherpa (a principal of Tashi Dhan and a resident of New York) alleging infringement of its copyright in "The Ginko" rug.


Womble Bond Dickinson (US) LLP | USA | 26 Aug 2010

Custom furniture: innovative plan or illegal imitation?

Today's Wall Street Journal, San Francisco Bay Area edition, includes a very interesting article on start up furniture companies whose business model includes reproducing popular furniture designs on a custom basis.

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