PHILADELPHIA — A holiday design company is suing Walgreen Co. for allegations of infringing on the plaintiff's elf hat designs.
Prima Creations Inc. filed a lawsuit on April 4 in the U.S. District Court for the Eastern District of Pennsylvania against Walgreen Co., citing copyright infringement under the Lanham Act for alleged trade dress infringement and unfair competition.
According to the complaint, Prima Creations has created more than 500 decorative holiday designs and holds copyrights for many of these designs. The plaintiff claims to have created and copyrighted brightly colored elf hats, and alleges that the defendant has sold copies of those hats in its stores without consent or permission. In December 2014, the defendant was notified of the infringement but continues to sell the hats.
Prima Creations seeks that the defendant be permanently enjoined from making use of the copyrighted designs, statutory damages, actual damages, attorneys’ fees, costs, expenses, and disbursements. It is represented by Kao Lu and Alison R. Dudick of Ryder, Lu, Mazzeo & Konieczny LLC, in Havertown.
U.S. District Court for the Eastern District of Pennsylvania Case number 2:16-cv-01540-TJS