Plaintiff alleges infringing sales also breached exclusive manufacturing agreement
New York corporation Hudson Furniture, Inc. claims a former manufacturer violated Federal and state law by selling and offering for sale lighting products with patented "dramatic, dynamic" designs "recognized and appreciated as Hudson pieces." Hudson filed a complaint dated August 1, 2023 in the United States District Court for the Southern District of New York, the same Federal court in which New York-based design studio Apparatus, Inc. has filed suit against Wayfair LLC for alleged infringement of a chandelier design. Examples of "Hudson Designs" shown in the complaint and reproduced below are the "Aurora" and "Pangea" chandeliers.
AURORA
PANGEA
Hudson's complaint against Defendant Mumesan Aydinlatma Dek. San. Tic. Ltd. Sti., a Limited Sirket registered under the laws of the Nation of Turkey, asserts jurisdiction is proper based on diversity of citizenship and because Mumesan conducts business in the District. According to the complaint, Hudson and Mumesan entered into a "Manufacturer's Agreement" by which Mumesan agreed to exclusively manufacture Hudson's pieces, only for Hudson. The complaint alleges among other things that Mumesan subsequently sold products substantially identical to Hudson's identifiable and/or patented designs.
Hudson's complaint includes patent infringement in violation of 35 U.S.C. §§ 271, 281-285, and 289, trade dress infringement in violation of 15 U.S.C. § 1125 of the Lanham Act, unlawful and deceptive acts and practices under N.Y. Gen. Bus. Law §349, unfair competition, and breach of contract. The complaint does not allege any copyright rights or infringement although the Manufacturer's Agreement refers to Hudson's "furniture items and lighting products which bear its distinctive [] copyrights" and the agreement covers "copyrightable subject matter" developed pursuant to the agreement.
Hudson is seeking permanent injunctive relief in addition to actual damages, recapture of profits, and other relief.
No answer or response to the complaint has been filed.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
We operate a free-to-view policy, asking only that you register in order to read all of our content. Please login or register to view the rest of this article.