Perine Lowe, Inc. Files Trademark Infringement Case Against LTD Commodities, Inc. and ABC Distributing Inc.Business Editors SANTA ANA Santa Ana, city, El Salvador Santa Ana (sän'tä ä`nä), city (1993 pop. 129,873), W El Salvador. It is the second largest city in the country and the commercial and processing center for a sugarcane, coffee, and cattle region. , Calif.--(BUSINESS WIRE)--Sept. 17, 2002 Suit Alleges Defendants Palmed Off Copies of Plaintiff's "My Child's to Cherish" Plaster Handprint hand·print n. An outline or indentation left by a hand. Kits Perine Lowe, Inc. filed suit yesterday against Illinois-based LTD LTD 1 Laron-type dwarfism 2 Leukotriene D 3 Long-term depression, see there 4. Long-term disability Commodities, Inc. and Florida-based ABC ABC in full American Broadcasting Co. Major U.S. television network. It began when the expanding national radio network NBC split into the separate Red and Blue networks in 1928. Distributing, Inc. for trademark infringement Trademark infringement is a violation of the exclusive rights attaching to a trademark without the authorization of the trademark owner or any licensees (provided that such authorization was within the scope of the license). , false advertising, and unfair competition in US District Court, Central District of California. The Hon. David O. Carter David O. Carter (born 1944 in Providence, Rhode Island) is a United States District Court Judge for the Central District of California. Biography Carter is a "Double Bruin," having received both his bachelor's degree (B.A. 1967) and his law degree (J.D. will preside over the case. In addition to money damages, Plaintiff seeks both punitive and treble damages A recovery of three times the amount of actual financial losses suffered which is provided by statute for certain kinds of cases. The statute authorizing treble damages directs the judge to multiply by three the amount of monetary damages awarded by the jury in those cases against Defendants for allegedly palming off Plaintiff's "My Child's to Cherish" plaster handprint kits as their own. Perine Lowe, Inc. is widely regarded as 0one of the premiere designers and sellers of children's keepsake accessories and gifts, doing business as Child to Cherish. Plaintiff is represented by William E. Levin and Steve T. Tsai with the law firm of Levin & Hawes in Laguna Beach Laguna Beach (ləg  `nə), city (1990 pop. 23,170), Orange co., S Calif., on the Pacific coast; founded 1887, inc. 1927. , CA. Perine
Lowe, Inc. vs. LTD Commodities, Inc. and ABC Distributing, Inc., Case
No. SA02-862DOC (MLGx).
Based in Brea, CA., Perine Lowe, Inc. has been in business since 1987. The company holds all rights and interests in the trademark "My Child's To Cherish" and design (issued October 1988, Registration No. 1509253), and which is prominently displayed on their novelty item, a bag of plaster used to imprint a child's hand that is stored in an attractive container. Perine Lowe's products are sold by such national retailers as Hallmark, Disney, Bellini Stores, Marshall Fields, Dillards, Jacobsons Department Store, and Nordstroms, and in many popular catalogs as well. Perine Lowe, Inc. alleges that LTD Commodities, Inc. (LTD) and ABC Distributing, Inc. (ABC) have been selling substantially lower priced, inferior quality copies of its handprint kits prior to and including 2000 without their permission. Plaintiff claims that LTD and ABC both acted deceptively in palming off their inferior products as actually originating from or sold by Plaintiff. As a consequence of their infringing actions, including false advertising, Defendants have been enriched at Plaintiff's expense. Both LTD and ABC, as delineated in the complaint, have a history of trademark infringement lawsuits filed against them in which they did not prevail. ABC allegedly has a reputation in the gift industry for taking the ideas of smaller companies, making knock offs, and flooding the market with cheap, poorer quality versions of the copied product. "Taking something for nothing," said Patrice Perine Lowe, president and chief designer of Perine Lowe Inc., "is not OK by me. Our good name and reputation with consumers and within the gift industry mean everything to us. Perine Lowe may be a small company, but we aren't weak. That's why we filed this lawsuit against LTD and ABC, and why we will always assert our legal rights against anyone who steals our original ideas and claims them as their own. You can count on it!" "The entire point of this case is to prevent the Defendants from engaging in any form of unfair competition," said Steve T. Tsai. "It is wrong for them to divert business intended for my client or to damage their goodwill and business reputation by way of imitation, misrepresentation misrepresentation In law, any false or misleading expression of fact, usually with the intent to deceive or defraud. It most commonly occurs in insurance and real-estate contracts. False advertising may also constitute misrepresentation. , false statements, advertising or any other forms of unfair competition. We will work within the legal system to assert and protect Perine Lowe's rights." Editor's Note Editor's Note (foaled in 1993 in Kentucky) is an American thoroughbred Stallion racehorse. He was sired by 1992 U.S. Champion 2 YO Colt Forty Niner, who in turn was a son of Champion sire Mr. Prospector and out of the mare, Beware Of The Cat. Trained by D. #1: A copy of the complaint can be found at www.levinhawes.com. Editor's Note #2: Perine Lowe/Child to Cherish is a California Corporation and is located at 631 Lunar Avenue, Brea, CA 92821; telephone 714/990-1590. They are represented by William E. Levin and Steve T. Tsai with Levin & Hawes; telephone 949/497-7676. LTD Commodities, Inc. is an Illinois Corporation and is located at 2800 Lakeside Drive, Bannockburn, IL. 60015; telephone 847/295-5532. ABC Distributing, Inc. is a Florida Corporation and is located at 14445 N.E. 20 Lane, North Miami North Miami, city (1990 pop. 49,998), Dade co., SE Fla., a growing suburb of Miami, on Biscayne Bay; inc. 1926. It is mainly residential, but has considerable retail development. Manufactures include boats, wooden furniture, and aluminum products. , FL. 33181; telephone 305/354-7933. |
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