Can’t Brush This Under the Rug – Textile Designer Takes Accused Infringer to Court over Southwestern Rug Design

American Dakota, Inc. v. Well Woven, Inc., Civil Action No. 1:23-cv-01535-SDG (N.D. Ga., Apr. 10, 2023)

A Georgia textile design studio specializing in southwest, cabin, and modern rug designs has brought a copyright infringement suit in the Northern District. The Defendant is accused of copying registered textile designs and selling the reproductions through various online shopping sites.

According to the Complaint, Plaintiff American Dakota, Inc. (ADI) was founded in 2009 by Mark Ford, who combined his love for Native American art and the textile industry. Complaint at 2. The following year, Ford created the design at issue, entitled “Old Crow-RED” and assigned the registration number VA 2-180-855.  The Defendant, Well Woven, Inc. (WWI) is alleged to offer knockoff products at prices accessible to a wide range of consumers on its website and through other online vendors. Id. at 5. In particular, the Complaint accuses the Defendant of copying, displaying, and distributing the Work, and creating unauthorized derivative versions of the Work using low quality polypropylene material rather than nylon.

The Complaint includes counts for Copyright Infringement, Deception or Unfair Trade, and Addition of False Copyright Management Information.

The case has been assigned to Judge Steven Grimberg.

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