Pendleton files trademark infringement suit against K Mart Corp
10 Nov '05
2 min read
Pendleton Woolen Mills, the apparel, blanket and home products company with roots dating back more than 140 years in Oregon, filed a trademark infringement lawsuit Nov. 2, 2005 in federal court in Portland, Ore., against discount retailer K Mart Corporation.
Pendleton's suit claims that K Mart is capitalizing on the Pendleton brand and reputation by offering a flannel sheet set that uses the PENDLETON name and features an Indian Trade blanket pattern that closely copies distinctive elements of Pendleton's classic Tepee design.
The packaging for K Mart's infringing merchandise designates the sheets as "pendleton flannel sheet set." Pendleton Woolen Mills has not authorized or licensed K Mart to use the famous PENDLETON trademark. Likewise, the packaging and sheets prominently display Pendleton's Tepee Logo trademark without authorization of Pendleton.
"Our reputation for quality is the hallmark of Pendleton products," says Mort Bishop III, President of Pendleton Woolen Mills. "K Mart is using our name and taking advantage of our famous brand symbols without our prior knowledge or permission. Pendleton believes that K Mart's actions will confuse and deceive consumers about the source and quality of the infringing merchandise."
"We will take every appropriate step within our power to protect our brand," says Bishop. "We owe that to our consumers and retail customers, who have come to know and respect Pendleton's products. We cannot allow KMart or any other company to unlawfully distort our valuable brand image and create confusion in the marketplace."
Pendleton Woolen Mills is a privately held company that owns and operates two woolen mills in the Pacific Northwest, both of which manufacture Pendleton apparel and home products.
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