Ex-Cell Sues Carnation Home Fashions

On July 2, 2010, Ex-Cell Home Fashions, Inc. sued Carnation Home Fashions in the United States District Court for the Western District of North Carolina for false designation of origin, trade dress infringement, and design patent infringement. For its claims, Ex-Cell alleges that Carnation is infringing its trade dress in hang tags used in connection with shower curtains and liners. Ex-Cell identifies its trade dress as the "distinctive appearance of the total image and overall appearance of the EXCELL Shower Curtain package, including the size, shape, color combination, and texture, and serves to identify such products as emanating from Plaintiff." Ex-Cell further alleges that Carnation is selling counterfeit shower curtains with the EXCELL mark and confusingly similar hang tags. Ex-Cell also alleges infringement of U.S. Design Patent No. D611,330 for an ornamental shower curtain hook. A figure from the '330 patent is below: