Seattle Trademark Lawyer

On Sept. 25, Vancouver, Wash.-based furniture importer Bourne International, Inc., settled its trade dress and copyright infringement claims against Chet Stoler and his company, South Seas Trading Co. (Previous STL coverage discussing the Western District’s refusal to enter the parties’ stipulated protective order here.)

Bourne had alleged that Mr. Stoler, a former Bourne officer, director, and shareholder, had been responsible for the manufacturing, designing, importing, and marketing of Bourne’s furniture lines, including a line called THE LEAF COLLECTION. Bourne alleged that Mr. Stoler set up a competing importing business and sold items from THE LEAF COLLECTION to Bourne’s customers without Bourne’s authorization, infringing Bourne’s trade dress.

The parties’ Stipulation and Final Judgment describes THE LEAF COLLECTION’s trade dress as: “banana leaves, reticulate venaton on each banana leaf, each leaf has dark shading representing the venation and outline, the leaves are approximately uniform in size, the leaves are carved, a pattern of banana leaves at different angles to one another, and a dark, mahogany wood color.”

As part of the settlement, the parties agreed that “[u]nless Plaintiff receives injunctive relief enjoining Defendants’ confusing sale of items falling within Plaintiff’s copyright and trade dress for THE LEAF COLLECTION©™ in the sale, marketing, and advertising of imported furniture, Plaintiff will be irreparably injured.” The proposed order permanently enjoins defendants from deriving compensation from the sale or manufacture of furniture, or colorable imitations thereof, from Bourne’s furniture lines, including THE LEAF COLLECTION.

The parties also agreed to dismiss all of their claims and counterclaims against each other with prejudice, without fees or costs to any party.

The case cite is Bourne International, Inc. v. Stoler, No. 06-5680 (W.D. Wash.).