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Culp asks court to block Gum Tree

Gary Evans -- Furniture Today, February 15, 2010

Fabric supplier Culp Inc. has asked a U.S. District Court to stop Mississippi-based Gum Tree Fabrics from selling a fabric Culp said is an infringement on its copyrighted Palomino design.

Culp also has asked the court to award it damages and profits, which it said has been “wrongly reaped by Gum Tree Fabrics though its unlawful activities.” The fabric named by Culp is Gum Tree's Ringo.

Gum Tree said it had been unable to obtain information from Culp on the alleged copying, but noted that the copyright is “very questionable because it looks like a very common item that has been available from many sources for many years.” The company said the look was developed for the apparel industry before it came to furniture.

Culp said it has attempted to resolve the issue with Gum Tree and to provide fabric samples, explain the legal issues involved and to work out a settlement but has had no success.

In addition, Culp said it is ready to settle out of court, but in the end intends “to fully protect its legal rights, as any business would do.”

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