Bucklesource Inc. Wins Major Ruling Against Brighton Accessories Maker; Ruling Prevents Monopoly in Fashion Accessory Industry by Leegin Creative Leather Products Inc.

Business Editors & Legal Writers

Bucklesource Inc. won a major ruling in Los Angeles Federal Court when the Hon. Terry J. Hatter Jr. granted its motion for partial summary judgment as to trade dress infringement and unfair competition.

The ruling is significant for two reasons: First, it prevents the Plaintiff, Leegin Creative Leather Products Inc., from claiming a monopoly over common designs that would otherwise chill competition in the fashion accessory business, including personal leather goods, fashion giftwares and housewares; and, secondly, it means that Bucklesource can re-enter the leather goods market and sell their products.

For competitors in the fashion accessory industry, the ruling means that they can embellish their products with designs of an historical or ethnic nature without fear of being sued by the Plaintiff.

The ruling was granted on March 28, 2002, and a trial of Plaintiff's other claims will be held in early 2003. Leegin Creative Leather Products Inc. vs. Bucklesource Inc., Case No. CV 00-12708 TJH (AJWx).

Leegin Creative Leather Products (Leegin) filed suit in November 2000 against Bucklesource, among other Defendants, for trade dress infringement and unfair competition relative to its "Brighton" line of fashion accessories.

In July 2001, Bucklesource's president, Richard A. Siegler, was added as a Defendant, and copyright infringe claims against these Defendants were added as well. Plaintiff alleged that its use of Victorian Era design motifs in its Brighton line entitled it to trade dress protection, claiming that Defendants should not be permitted to use Victorian ornamentation on their products.

Because of the anti-competitive implications of Plaintiff's claims, Bucklesource moved for partial summary judgment on the issues of trade dress and unfair competition. The Court agreed with Defendants that the generic nature of Victorian Era designs, which are still in use today, does not entitle Leegin to legal protection against their use by competitors in a similar fashion.

"As defendants in this case, we are small fish in the big sea of fashion accessories," said Siegler, "and feel that Leegin is trying to drown us out as competitors simply because we exist, not because we did something wrong. Everyone has a right to do business, and we will continue to defend this lawsuit, not just for ourselves but on behalf of our peers everywhere."

"The Court's ruling is a victory for free enterprise," said Levin & Hawes attorney, Joel D. Covelman, who represents Bucklesource, and Siegler. "The body of law clearly supports our position, and we question why Leegin filed its trade dress infringement and unfair competition claims when they lacked merit. Our legal team will continue to take the high moral ground and provide a vigorous defense for our clients."

Note to Editors: Bucklesource Inc./Richard A. Siegler are represented by Joel D. Covelman with Levin & Hawes LLP of Laguna Beach, Calif. (949/497-7676), www.levinhawes.com. Bucklesource Inc. is based in Placentia, Calif. and is a wholesale distributor of metal parts used in the leather trade; Web site: www.bucklesource.com.

Leegin Creative Leather Products Inc. is represented by Rebecca J. Edelson with Alschuler Grossman Stein & Kahan LLP of Los Angeles. (310/277-1226); Web site: www.agsk.com. The company manufactures the Brighton line of fashion accessories and are based in the City of Industry, Calif.; Web site: www.brighton.com.