Culp Sues Gum Tree Fabrics Over Palomino Copyright

January 27, 2010  by in UnCategorized   

By Home Furnishings Business in Legal on January 28, 2010 Fabric and ticking supplier Culp (NYSE: CFI) is seeking monetary damages and injunctive relief against competitor Gum Tree Fabrics alleging infringement of a Culp design named Palomino.

Culp has asked the U.S. District Court for the Middle District of North Carolina to stop Gum Tree Fabrics and others "acting in concert or participation" with the company from offering, distributing and selling the Gum Tree Fabric pattern named Ringo.

Culp has also asked the the court to award it damages and a disgorgement of profits wrongly reaped by Gum Tree Fabrics through its activities.

Culp is the owner of many copyrighted designs, including its Palomino design, which was awarded a copyright registration certificate from the U.S. Copyright Office. The Palomino design has been assigned Copyright Registration No. VA 1-429-919, effective June 15, 2006.

In a press release, Culp said it has tried to resolve the matter by communicating with Gum Tree by providing fabric samples, explaining the legal issues involved and trying to work out a settlement without success. The release continues to say:

"Culp has provided Gum Tree Fabrics a full demonstration of the copyright protection enjoyed by its Palomino design, and Culp stands ready to discuss the matter further if needed. Culp is prepared to resolve this matter out of court. In the end, however, Culp intends to fully protect its legal rights, as any business would do. That is the reason the pending lawsuit has been filed, and Culp will vigorously pursue its rights by whatever legal means are necessary."