Dollar Tree's "Scrub Buddies" Cleaning Cloths Targeted for Alleged Design Patent Infringement

by Womble Carlyle Sandridge & Rice, LLP
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On May 8, 2014 EZ Products of South Florida, LLC of Boca Raton, Florida ("EZ Products") filed a complaint against Dollar Tree Stores, Inc. of Chesapeake, Virginia ("Dollar Tree"), alleging patent infringement of United States Patent No. D674,566 ("the '566 patent") for a "Cleaning Cloth."

The '566 patent issued on January 15, 2013 to Joseph Colangelo from an application filed April 11, 2012.  EZ Products received the '566 patent by virtue of an assignment from Mr. Colangelo.  The claim of the '566 patent covers the ornamental design for a cleaning cloth, as shown in Figs. 1-3 of the '566 patent (below).




EZ Products alleges Dollar Tree's "Scrub Buddies" products are infringing the '566 patent, and specifically alleges that product UPC# 3937710913 is infringing.

According to the complaint, EZ products contacted Dollar Tree and informed it of the alleged infringement by a letter dated April 9, 2014, but Dollar Tree has refused to stop selling and continues to sell the allegedly infringing products.

According to the complaint, Dollar Tree does business, has a registered agent, and has committed acts of willful patent infringement in the Northern District of Georgia.  EZ Products seeks a judgment that Dollar Tree has infringed the '566 patent, that Dollar Tree be permanently enjoined from further infringing the '566 patent and ordered to surrender all infringing products, that EZ Products be awarded lost profits or a reasonable royalty, treble damages, attorney's fees, and costs.

The case is EZ Products of South Florida, LLC v. Dollar Tree Stores, Inc., Case No. 1:14-cv-01398-TWT, filed May 8, 2014 in the United States District Court for the Northern District of Georgia, Atlanta Division, and is assigned to Judge Thomas W. Thrash, Jr.
 

 

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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