Strength Of Design Patents Seen In Case On Shower Rod

A recently filed case in the United States District Court for the Eastern District of Pennsylvania demonstrates the power of design patents to protect design elements that are not eligible for copyright protection. In Zenith Products Corp. v. Design Home Solutions, LLC (Case No. 2:10-cv-00148-LS), Zenith Products alleges that defendant is infringing U.S. Patent No. D542,897, entitled "Curved Shower Rod." The '897 Patent covers a simple curved shower rod that could not be protected under copyright law. Ohter than the circular mounts located on each end, the only design element on the bar itself appears to be five rings around that bar that are likely joints. Home furnishing designers are well advised to consider design patents as a quick and inexpensive format for protecting relatively simple designs. The figures from the '897 Patent are shown below.

Sleepy's Awoken By Trademark Infringer

On January 8, 2010, mega-mattress retailer Sleepy's filed a trademark infringement action against Mattress & Furniture Outlet Inc. in the United States District Court for the District of New Jersey (Case No. 2:10-cv-00108-FSH-PS). In its complaint, Sleepy's alleges that the Jersey City based defendant is offering mattresses, bedding, and furniture under the marks or names "SLEEPYZ," SLEEPYZ MATTRESS & FURNITURE OUTLET" and "SLEEPY'Z" as well as operating a website at http://www.sleepyzonline.com/. A visit to the website on January 23, 2010 indicates that defendant has already stopped use of the website. Sleepy's complaint alleges trademark infringement under 15 U.S.C. 1114, false designation of origin under (15 U.S.C. 1125(a), trademark dilution under 15 U.S.C. 1125(c), common law trademark infringement and unfair competition, dilution under New Jersey Stat. Ann. 56:3-13.20, and unfair competition under New Jersey Stat. Ann. 56:4-1.

NHFA Adds Glossary Of Furniture Terms

The National Home Furnishings Association (NHFA) has added a glossary of furniture terms to its consumer-based website http://www.homefurnishings.com/. The glossary should be useful for consumers, the industry, as well as patent lawyers looking for an authoritative definition. The glossary may be viewed by clicking [here].

Kids II Sues Bright Start Furniture and Idea Nuova For Trademark Infringement

Kids II, Inc. sued Bright Start Furniture, Inc. and Idea Nuova, Inc. for a host of trademark, unfair competition, and anti-cybersquatting claims under federal and state law on December 22, 2009 in the United States District Court for the Northern District of Georgia (Case No. 1:09-cv-3599-RWS). In its complaint, Kids II accuses defendants of misappropriating and misusing Kids II's BRIGHT STARTS federally registered trademark in connection with children's furniture and in domain names (http://www.brightstartfurniture.com/ and http://www.bsfbaby.com/ (now taken down)).

Kids II is headquartered in Alpharetta, Georgia and is represented by Alston + Bird, LLP. Defendants are located in New York City.

The mark used by defendants on at least one website is shown below:

Pottery Barn Protecting Names And Images

Williams Sonoma, on behalf of subsidiary Pottery Barn, has sued an online home furnishings retailer, New Era, for trademark and copyright infringement as well as unfair competition under California law. See Williams Sonoma, Inc. v. Erika I. Almaguer Rodriguez d/b/a New Era Home Furnishings, 09-CV-5720 (N.D. Cal. Dec. 4, 2009). According to Pottery Barn's complaint, New Era is using the names and images of Pottery Barn furniture on its website. New Era did not help itself by expressly mentioning on its website that "[m]any styles sells [sic] are knock-offs of popular retail styles."

Furniture Manufacturer Directory - From A to Z

I found a link to a list of furniture manufacturers' websites the other day. The list can be hehlpful to those looking to find a particular furniture company or that company's website.

The list may be found by clicking [here].

Former Collezione Executives Named As Defendants In AICO Case

In a development similar to cases filed in North Carolina, the United States District Court for the District of New Jersey has named former Collezione Europa USA executives Paul and Leonard Frankel as defendants in AICO's copyright and patent infringement case against Collezione. The Frankels may now be held personally liable for the alleged copyright and patent infringement upon a proper showing of culpability. In its case, AICO seeks $2 million in damages from the defendants, which now include the Frankels.

AICO sought to add the Frankels as individual defendants after Collezione filed for bankruptcy in February 2008. The development tracks the naming of the Frankels as defendants in a spin-off lawsuit that resulted from copyright litigation brought by Universal Furniture. In the spin-off case against the Frankels, Universal seeks to recover the $11,225,777.10 judgment obtained against Collezione in the main case directly from the Frankels. The $11 million judgment against Collezione came down in February 2009 and precipiated Collezione's bankruptcy filing. In the spin-off case, Leonard Frankel has defaulted. The court denied Paul Frankel's motion to dismiss for lack of jurisdiction or, in the alternative, to transfer the case to New Jersey. The spin-off case is now proceeding to the discovery phase.