Culp has guns blazing in copyright fight

January 29, 2010

When Culp Inc. was granted copyrights on three microfiber patterns last May, design director Liam Waters told my colleague Gary Evans that it was “the greatest news to hit the streets in years.”

He said Culp officials were tired of seeing the three patterns — Palomino, Stampede and Wrangler — knocked off by a horde of imitators, and they were elated that the U.S. Copyright office finally agreed with their argument that the designs were unique and should be afforded copyright protection.

But instead of simply complaining about knockoffs, the company unleashed its legal team and went after companies it felt were infringing on the copyrights.

Since the copyright office made its decision, Culp has filed suit in federal court against at least five companies, including one headed by Tim Dolan, who used to be sales manager of Culp’s mattress ticking division.

One suit, filed against Mississippi upholstery producer Independent Furniture Supply, was voluntarily dismissed by Culp in early January, and a second, filed against fabric importer Direct Textiles, has been settled out of court.

But the others, which name Huntington Fabrics, Gum Tree Fabrics and Global Textile Alliance, remain active. And the action against Gum Tree looks like it could get especially nasty.

On Jan. 21, Gum Tree issued a statement that indirectly accused Culp of abusing copyright laws to limit competition. Gum Tree also described Culp’s copyright as “very questionable, because it looks like a very common item that has been available from many sources for many years.”

Six days later, Culp fired back with a statement of its own, saying that Gum Tree’s statements “are not suitable defenses to Culp’s copyright claim.” Culp said attempts to settle the issue out of court “have not been fruitful.”

That’s a diplomatic way of saying its patience is about to run out.

Posted by Larry Thomas on January 29, 2010 | Comments (7)

Industries: Homepage , Business News , Fabrics

November 16, 2010

In response to: Culp has guns blazing in copyright fight
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October 19, 2010

In response to: Culp has guns blazing in copyright fight
relicaexpo commented:

February 5, 2010

In response to: Culp has guns blazing in copyright fight
Nomar Highpoint commented:

Nice try Little M but I don't. I am just knowledgeable about the subject and the industry. Do your homework. Have a nice day in court.

February 4, 2010

In response to: Culp has guns blazing in copyright fight
Big M commented:

So Gumtree doesn't knockoff anyone-BS.
Go back to work now obviously in your Gummy office.

February 4, 2010

In response to: Culp has guns blazing in copyright fight
Nomar Highpoint commented:

To big M don't make comments about companies you obviously know nothing about. Gumtree is a wonderful supplier with QUALITY people and products. I can personally attest to the fact that this fabric was available from a mill that is no longer in business since the early 90,s. Lucky for Culp. This product is and has been available off the shelf in China for YEARS. Just produce the original artwork and the original drawing and it will be resolved. End of story. little M you sound like a attorney. Have a good day in court today.

February 4, 2010

In response to: Culp has guns blazing in copyright fight
Fabric Supplier commented:

I work for a fabric supplier similar to both Culp and Gumtree. I know the fabric they are speaking of very well and it is my personal opinion that Culp has somehow copyrighted a fabric that technically should not be copyrightable and now they are taking full advantage of it. Gumtree is correct, this fabric has been in market for years and is carried by many.

February 2, 2010

In response to: Culp has guns blazing in copyright fight
Big M commented:

If Gumtree had any honor they wouldn't have knocked off Culp in the first place. Culp is doing absolutely the right thing to protect the company. I wish furniture manufacturers would start the same actions against other company's that knock them off-of course you would have to build a large courthouse with many courtrooms first to accomidate all the suits. It would also have to be a 24 hour courthouse to hear all the cases.