Sunday, January 31, 2010, 7:02 AM

Gum Tree - Culp Battle Over Fabric Copyright Protection

On August 21, 2009, High Point based fabric and ticking supplier Culp, Inc. sued Gum Tree Fabrics, Inc. of Tupelo, Mississippi for copyright infringement, unfair competition, and unfair and deceptive trade practices under North Carolina law. (Case No. 1:09-cv-648-NCT-LPA) The complaint is based on Gum Tree's continuing sales of its "Ringo" fabric, which Culp claims infringes its copyright on its "Palamino" fabric.

The parties were apparently trying to settle the matter. However, settlement talks have failed and Gum Tree appears ready to litigation. Gum Tree's answer to the complaint is now due Feb. 18, 2010.

Furniture Today's report may be found by clicking [here].

This is not the first time Culp has enforced its copyright rights. In April 2009 Culp filed several copyright infringement actions based on its fabric designs.

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