The Georgia IP Litigation Blog monitors patent, trademark, copyright, and trade secret cases pending in Georgia federal district courts and in the U.S. Court of Appeals for the 11th Circuit, based in Atlanta. The blog alerts readers to initiation of such cases in the district courts and summarizes relevant orders and opinions from each covered court.
Wal-Mart and an Arkansas supplier find themselves defendants to a copyright infringement action filed by a Georgia designer and manufacturer of wrapping paper.
On August 21, 2012, International Greetings USA d/b/a The Gift Wrap Company (“TGWC”), based in Midway, Georgia, filed a complaint in the U.S. District Court for the Northern District of Georgia, Atlanta Division, alleging that Bentonville, Arkansas-based defendants Wal-Mart Stores, Inc. and Seminole Consulting and Marketing, Inc. (“SCM”) infringed five copyrights owned by TGWC for wrapping paper designs. The complaint also asserts a count for violation of the Georgia Uniform Deceptive Trade Practices Act.
TGWC’s complaint alleges that SCM realized at least $2,691,400.60 in gross revenues from sales of infringing products to Wal-Mart, and that Wal-Mart realized at least $2,481,096.60 in gross revenues from sales of such products to retail consumers.
Exhibits A-E to the Complaint purport to be copies of U.S. Copyright Registrations for the asserted works, all registrations bearing an effective date of February 13, 2012.TGWC describes Exhibit F to the Complaint as showing the infringing products side-by-side with the copyrighted designs.Shown below for illustrative purposes is an excerpt from that exhibit.
Excerpt from Exhibit F to complaint
The case is International Greetings USA, Inc. v. Seminole Consulting and Marketing, Inc. and Wal-Mart Stores, Inc., U.S. District Court for the Northern District of Georgia, Atlanta Division, No. 1:12:-cv-02897-SCJ, assigned to U.S. District Judge Steve C. Jones.
UPDATE: On November 7, 2012, TGWC filed a Notice of Dismissal, resulting in termination of the case on November 8, 2012. See our November 13 post.