Home / Knowledge / News / Textiles / Culp seeking monetary relief against Gum Tree Fabrics in copyright issue

Culp seeking monetary relief against Gum Tree Fabrics in copyright issue

28
Jan '10
Culp, Inc. announced that it is pursuing monetary damages and injunctive relief against Gum Tree Fabrics for willful infringement of Culp's copyrighted fabric design known as "Palomino." Culp has asked the United States District Court for the Middle District of North Carolina to stop Gum Tree Fabrics - and all those acting in concert or participation with Gum Tree Fabrics- from offering, distributing and selling the infringing fabric called "Ringo." Culp has further requested that the court award Culp damages and a disgorgement of profits wrongly reaped by Gum Tree Fabrics through its unlawful 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. Culp's copyright is valid and enforceable, as evidenced by the thorough examination conducted by the U.S. Copyright Office prior to granting Culp's registration. Culp has devoted substantial time and money to create innovative and unique fabric designs for its customers. Culp's highly successful Palomino design is one such design among many others offered by Culp.

Gum Tree Fabrics issued a press release on January 26, 2010, regarding this matter, but it does not answer the questions that have been raised about Gum Tree Fabrics' conduct. Culp has attempted to resolve this matter by communicating with Gum Tree Fabrics to provide fabric samples, explain the legal issues involved, and work out a settlement. To date these efforts have not been fruitful.

The comments from Gum Tree Fabrics in its press release about fabric specimens and the alleged "look" of other fabrics in question are not suitable defenses to Culp's copyright claim. 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.

Culp, Inc. is one of the world's largest marketers of mattress fabrics for bedding and upholstery fabrics for furniture. The company's fabrics are used principally in the production of bedding products and residential and commercial upholstered furniture.

Culp Inc


Must ReadView All

Pic: Polygiene

Apparel/Garments | On 2nd Apr 2020

Polygiene launches ViralOff, a sanitiser for garments

Swedish odour control technology company Polygiene has launched...

Pic: JNCASR

Textiles | On 2nd Apr 2020

Indian researchers make coating to kill virus like COVID

A one-step curable anti-microbial coating, which when coated on...

Pic: Shutterstock

Apparel/Garments | On 2nd Apr 2020

FDA issues new policy for surgical apparel during crisis

The US Food and Drug Administration (FDA) issued an immediate...

Interviews View All

Top executives, Textile industry

Top executives
Textile industry

RoSCTL is need of the hour

Frank Gossmann, Rotorcraft AG

Frank Gossmann
Rotorcraft AG

‘RT3 motto is: Do not check millimetres, check colours.’

Anavila Misra, Anavila Collection

Anavila Misra
Anavila Collection

Fashion shows are also encouraging and highlighting sustainable fashion

Wesly Clements,

Wesly Clements

US-based Baldwin Technology Company is a global manufacturer and supplier...

Deepak Mundra,

Deepak Mundra

Surat-based Madhusudan Group is a vertically integrated textile...

Shyam Gupta & Ravi Gupta,

Shyam Gupta & Ravi Gupta

Based out of South Delhi, Gargee Designer's provides bespoke formal and...

Melissa Tate, University of New South Wales

Melissa Tate
University of New South Wales

<div><div><div><div><b>Melissa Tate</b>, a well-known scientist currently...

Chunyi Zhi, City University of Hong Kong

Chunyi Zhi
City University of Hong Kong

<div><b>Chunyi Zhi</b>, associate professor in the Department of Materials ...

Davide Vigano, Sensoria

Davide Vigano
Sensoria

Sensoria is a leading developer of smart garments and IoMe (Internet of...

Judy Frater, Somaiya Kala Vidya

Judy Frater
Somaiya Kala Vidya

Among the many honours showered on Frater, including Fulbright and Ford...

Aneeth Arora, Péro

Aneeth Arora
Péro

The Woolmark Company has partnered with handmade fashion label Péro and...

Sonam & Paras Modi, SVA

Sonam & Paras Modi
SVA

Sonam and Paras Modi's Sva Couture is synonymous with head-turning...

Press Release

Press Release

Letter to Editor

Letter to Editor

RSS Feed

RSS Feed

Submit your press release on


editorial@fibre2fashion.com

Letter To Editor






(Max. 8000 char.)

Search Companies





SEARCH

Leave your Comments


March 2020

Subscribe today and get the latest update on Textiles, Fashion, Apparel and so on.


Advanced Search