Tuesday, September 3, 2002
Court Blocks Sale of Alleged Knockoff Baby Banks
By a MetNews Staff Writer
Orange County-based Perine Lowe, Inc., a company that makes toys and baby items, has been granted a preliminary injunction against Dolly, Inc., an Ohio company which Perine Lowe, Inc. alleges is selling a knockoff of one of its products for substantially lower prices.
The injunction, issued last week by U.S. District Judge Gary L. Taylor of the Central District of California, forbids Dolly, Inc. from selling its “Baby’s Ceramic Keepsake Bank,” which Perine Lowe, Inc. claims is a copy of its “A Block to Grow On” bank for infants. It also claims that the bank’s “distinctive packaging” was copied by the other company, “making a confusingly similar product that is inferior in quality, workmanship and appearance.”
The injunction is part of a lawsuit against Dolly, Inc. that Perine Lowe, Inc. filed in July, claiming copyright infringement, trade dress infringement and unfair competition and seeking $1.8 million in damages. The court will set a trial date after a scheduling conference on Nov. 18.
Perine Lowe, Inc. is represented by the Orange County firm of Levin & Hawes.
“The preliminary injunction is a positive step forward in this case and gives Perine Lowe a chance to compete on a level playing field until the case is resolved,” William E. Levin, who represents Perine Lowe, Inc., said in a press release. “The court’s order also puts a halt to any further consumer confusion over my client’s original infant’s keepsake bank.”
Local counsel for Dolly, Inc., Jane Barrett of Preston, Gates & Ellis’ Los Angeles office, referred a request for comment to Dolly, Inc.’s Ohio lawyer. Wayne Jacobs of Wood, Herron & Evans., Inc. could not be reached for comment on Friday afternoon.
Copyright 2002, Metropolitan News Company