ADVISORY/Perine Lowe, Inc. Starts Trial Tuesday Against Dolly, Inc. in Its Trade Dress Lawsuit to Stop Knock-Offs of Its Infant's Bank.Business Editors ADVISORY...for Tuesday Tuesday: see week. (Oct. 14) --(BUSINESS WIRE)
WHAT: Perine Lowe, Inc. starts trial on Tuesday, October 14, 2003
at 8:30 AM in Santa Ana Federal Court before the
Hon. James V. Selna in Courtroom 10 "C" to stop Ohio-based
Dolly, Inc. from knocking-off its popular
"A Block to Grow On" infant's keepsake bank. Plaintiff
sued Dolly, Inc. on July 18, 2002 for trade dress
infringement, copyright infringement and unfair competition,
seeking over $1.8 million in general damages and a permanent
injunction. Punitive damages are also sought. Opening
statements will begin Tuesday, and the trial is expected to
last 7-days. Perine Lowe, Inc. vs. Dolly, Inc., Case
No. SACV 02-669 JVS (MLGx).
Perine Lowe, Inc. is located in Brea, CA 92821; Tel
714/990-1590, and is represented by Becky Christensen with
the Levin Intellectual Property Group in Laguna Beach, CA;
Tel 949-497-7676. Dolly, Inc. is located in Tipp City, OH
(near Dayton), Tel 888-463-6559, and is represented by
Gregory F. Ahrens with Wood, Herron & Evans, LLP in
Cincinnati, OH; Tel: 513-241-2324.
WHO: Perine Lowe, Inc. has been designing and selling its
"Child To Cherish" line of children's keepsakes, accessories
and gifts since 1987. With the launch of "A Block to Grow On"
in May 1998, Plaintiff was the first company to sell this
type of infant's keepsake bank with its unique, copyrighted
design and distinctive packaging. The bank is sold at the
Disney Stores, Hallmark, Nordstrom, Bellini Stores,
Jacobson's Department Store and Marshall Fields, and has been
featured in such catalogs as Nordstrom, Winterthur, JC Penny
and Lenox.
In June 2002, Plaintiff first learned that Defendant had
knocked-off both the design and packaging of its popular
"A Block to Grow On" infant's keepsake bank. Defendant was
making and selling a confusingly similar product, allegedly
inferior in quality, workmanship and appearance, and calling
it "Baby's Keepsake Ceramic Bank." In August 2002, then
presiding Judge Gary L. Taylor, issued a TRO against
Dolly, Inc. prohibiting them from copying, importing,
selling, and advertising its "Baby's Keepsake Ceramic Bank."
In August 2003, Judge Selna ruled from the bench and denied
all three summary judgment motions filed by Defendant against
Perine Lowe, Inc. in their entirety.
Patrice Perine Lowe, chief designer and president of
Perine Lowe, Inc., stated: "We are taking this case to trial
to protect the integrity of our product and our hard-earned
reputation. It is one thing to place a competitive product
into the marketplace, but it is an entirely different matter
to compete against someone who makes a copy cat of your own
product. It only creates confusion and misleads consumers,
and that goes entirely against the grain."
WHEN: Tuesday, October 14, 2003 at 8:30 A.M.
WHERE: Judge James V. Selna, Courtroom 10 "C"
Ronald Reagan Federal Building & Couthouse
411 West 4th Street, Santa Ana, CA 92701
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