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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
COPYRIGHT 2003 Business Wire
No portion of this article can be reproduced without the express written permission from the copyright holder.
Copyright 2003, Gale Group. All rights reserved. Gale Group is a Thomson Corporation Company.

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Publication:Business Wire
Date:Oct 13, 2003
Words:471
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