SAN DIEGO – A San Diego manufacturer is accusing a Cincinnati, Ohio corporation of copying its desk design.
Visual Edge Inc. filed a complaint on Dec. 23 in the U.S. District Court for the Southern District of California against Flipside Products Inc. alleging patent and trade dress infringement.
According to the complaint, the plaintiff alleges that it suffered substantial damages, including lost profits and dilution of its reputation, from defendant's reckless and intentional manufacturing and distribution of an imitation product. The plaintiff alleges the defendant copied plaintiff's Desktop Slant Board Set design registered under patents '718 and '604.
The plaintiff holds Flipside Products Inc. responsible because the defendant allegedly could cause confusion among consumers by offering similar product as plaintiff's distinctive design to capitalize and receive the benefit of plaintiff's reputation and goodwill.
The plaintiff requests a trial by jury and seeks judgment against defendant, declaratory relief, accounting of all profits, profits earned from infringement, statutory damages, destruction of all infringing goods, injunctive relief, interest, attorneys' fees, costs in this action, and further relief as the court deems just. It is represented by Alan E. Engle of Meador & Engle in Irvine.
U.S. District Court for the Southern District of California Case number 3:16-cv-03088