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Homer Laughlin Won’t Accept Substitutes

May 8, 2013
By STEPHEN HUBA - For The Intelligencer , The Intelligencer / Wheeling News-Register

NEWELL - Claiming it is suffering "irreparable injury," the Homer Laughlin China Co. filed suit Monday against two out-of-state companies it says are selling counterfeit Fiesta dinnerware to an unsuspecting public.

The lawsuit, filed in U.S. District Court for the Western District of Pennsylvania, accuses the Fayetteville, Ark.-based Hanna's Candle Co. and the River Grove, Ill.-based Bazaar Inc. of marketing and selling cheap Chinese knockoffs bearing the name Carnaval.

Pittsburgh attorney Charles B. Gibbons, who is representing Homer Laughlin, said the lawsuit was filed in Pennsylvania because that's where the goods are being sold.

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The lawsuit charges the companies with violations of the Lanham Act, the federal trademark law passed by Congress in 1946.

The law prohibits, among other things, trademark infringement, trademark dilution and false advertising.

Gibbons said the act of copying other companies' products is illegal and creates confusion in the marketplace.

Homer Laughlin is asking for injunctive relief and money damages, including the destruction of all Carnaval products not yet sold, the recall of any and all advertisements, product catalogs or marketing materials, and the removal of all references to Carnaval products on The Bazaar's website.

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