Perine Lowe, Inc. Files Trade Dress Infringement Suit Against Dolly, Inc.

Business Editors

SANTA ANA, Calif.--(BUSINESS WIRE)--July 19, 2002

Seeks $1.8 Million in Damages and a Permanent Injunction to Stop Knock-offs of Its Popular "A Block to Grow On" Infant's Keepsake Bank

Perine Lowe, Inc. filed suit yesterday against Dolly, Inc. for trade dress infringement, copyright infringement and unfair competition in US District Court, Central District of California. The Hon. Judge Gary Taylor will preside over the case. Plaintiff seeks over $1.8 million in damages and a permanent injunction against Defendant to stop them from knocking off both the design and packaging of its popular "A Block to Grow On" infant's keepsake bank. Punitive damages are also sought. Perine Lowe, Inc. does business as "Child To Cherish" and designs and sells high-end children's keepsakes, accessories and gifts. Plaintiff is represented by William E. Levin with the Laguna Beach, CA. law firm of Levin & Hawes. The case number is SACV 02-669 GLT (MLGx).

Based in Brea, CA., Perine Lowe, Inc. has been selling its "Child To Cherish" line since 1987. In March 1998, Plaintiff finalized the concept and packaging for "A Block to Grow On," a ceramic keepsake bank which enables parents to chart milestones in their infant's growth from their first month to their first birthday, including their first smile, first tooth, first step, and first word. Plaintiff launched "A Block to Grow On" in May 1998. It is sold in such national retail outlets as Disney, Hallmark, Nordstrom, Bellini Stores, Jacobson's Department Store and Marshall Fields, and has been a featured item in the Nordstrom's 1999 catalog, Winterthur's Holiday 1999 and Spring 2000 catalogs, The Disney Store's 2000 catalog, JC Penney's Spring 2001 catalog, and the Lenox 2002 Catalog.

Plaintiff was the first company to sell an infant keepsake bank with its unique, copyrighted design and distinctive packaging. Around mid-June 2002, Perine Lowe, Inc. learned that Dolly, Inc. was selling, as alleged in their Complaint, a confusingly similar knock-off of "A Block to Grow On" to Babies R Us that was inferior in quality, workmanship and appearance, and was being sold at very cheap prices. Plaintiff has subsequently learned that Dolly, Inc. is also selling its allegedly infringing bank to the Burlington Coat Factory, Baby Depot.

"Our `Child To Cherish' line has been built on the quality and integrity of its products," said Patrice Perine Lowe, president and chief designer of Perine Lowe, Inc., "and `A Block to Grow On' is no exception. We have worked hard to earn a stellar reputation in the children's giftware industry, and take issue with anyone trying to undercut our business by infringing on our copyright and palming off a look-alike infant's keepsake bank. For that reason, we've filed this lawsuit against Dolly, Inc. and want to send a clear message to the industry that we will not tolerate imitators of any kind that impugn our good name and reputation."

"This is plainly a case of trade dress and copyright infringement, leading to unfair competition at my client's expense," said William E. Levin. "We are ready to demonstrate to the Court that Dolly, Inc.'s conduct and copycat product is misleading the public, and that they should be immediately enjoined from passing off their products as those of Perine Lowe's."

Editor's Note #1: Perine Lowe/Child To Cherish is located at 631 Lunar Avenue, Brea, CA 92821; telephone [phone]. They are represented by William E. Levin with Levin & Hawes; telephone [phone]; www.levinhawes.com. Dolly, Inc. is located at 320 North Fourth Street, Tipp City, Ohio (near Dayton); telephone [phone].

Editor's Note #2: A copy of the complaint and comparative photographs are at www.levinhawes.com.