Judge names Frankels as defendants in AICO case
By Thomas Russell -- Furniture Today, November 30, 2009
PICO RIVERA, Calif. — A U.S. District Court judge has named former Collezione Europa USA executives Paul and Leonard Frankel as defendants in AICO's ongoing copyright and patent infringement case against Collezione.
The development means that AICO can pursue claims against the Frankels that arise out of the litigation.
AICO originally sought $2 million from a case involving Collezione's alleged infringement of its products. That case is still pending in a New Jersey federal court because Collezione filed for bankruptcy protection in February 2008 and liquidated its assets before AICO's claims could be resolved.
In an Aug. 26 ruling, U.S. Magistrate Judge for the District of New Jersey Esther Salas named both Frankels as defendants. The ruling suggests that company principals with a supervisory capacity and a financial interest in its activities can be held liable for activities such as patent and copyright infringement.
Leonard Frankel, a former president and co-owner of Collezione Europa, formed Frankel Furniture Inds. as an agent for Pan Pacific Furniture Inds. of Hong Kong in the fall of 2008. He previously told Furniture/Today he was no longer involved in Collezione Europa as of Sept. 1, 2008.
He declined to comment for this story. Paul Frankel, a former vice president of Collezione, who does not currently have a role in the industry, was unavailable for comment.
AICO officials also were not available for comment. A statement the company issued said, “This turn of events stands as a warning to the principals of any company that knocks off the protected furniture designs of AICO or anyone else and tries to hide behind their company and should cause such persons to think twice before deciding to copy another company's furniture.”
Salas also ruled that Paul Frankel must preserve 600 to 800 boxes of Collezione Europa business records that he has in his New Jersey home.
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