• Blumberg Industries Files New 337 Complaint Regarding Certain Lighting Products
  • May 14, 2010 | Authors: Alexander E. Gasser; Eric W. Schweibenz
  • Law Firm: Oblon, Spivak, McClelland, Maier & Neustadt, L.L.P. - Alexandria Office
  • On May 4, 2010, Blumberg Industries, Inc., d/b/a Fine Art Lamps of Miami Lakes, Florida (“Fine Art Lamps”) filed a complaint requesting that the ITC commence an investigation pursuant to Section 337.  The complaint alleges that Lights & More, Inc. (“L&M”) of San Juan, Puerto Rico and Tampa, Florida unlawfully imports into the United States, and/or sells within the United States after importation certain lighting products, lamps and/or lighting fixtures that infringe U.S. Design Patent No. D570,038; and Copyright Registration Nos. VA 1-399-618 and VA 1-415-353, and U.S. Trademark Registration Nos. 3,703,710, 3,703,711, 3,700,479, and 3,700,480.

    According to the complaint, the subject matter relates to “a lighting fixture individually ... as well as individual components of the lighting fixture that are consistently expressed in all of the models of the line, such as beveled, arcuate crystals; arcuate support arms; and the combined support arms and crystals where the crystals appear as an extension of the support, and thus an extension of a flowing artistic gesture....Additionally, the combination of a support and a crystal is presented to the viewer as part metallic finish and part optically aesthetic crystal.”

    The complaint asserts that the following L&M products infringe the intellectual property of Fine Art Lamps: (a) chandelier with L&M’s product number 18288, (b) chandelier with L&M’s product number 18292, (c) semi-flush mount lamp with L&M’s product number 18290, (d) lantern with L&M’s product number 18296, (e) L&M’s pendant lamp, and (f) lantern with L&M’s product number 18296.

    With respect to the technical prong of the domestic industry requirement, Fine Art Lamps asserts that its BEVELED ARCS™ Collection includes at least the trade dress that incorporates the registered trademarks and copyright for BEVELED ARCS™.  Regarding the economic prong of the domestic industry requirement, Fine Art Lamps asserts that it maintains a manufacturing and warehousing facility of more than 400,000 square feet in Florida and “actively advertises, markets, and otherwise promotes its BEVELED ARCS™ Collection, and has incurred over $3 million in promotional expenditures since the introduction of the BEVELED ARCS™ Collection in January 2007, of which a substantial percentage was devoted to promoting the BEVELED ARCS™ Collection.”

    As to potential remedy, Fine Art Lamps requests that the “Commission issue a general exclusion order, or in the alternative, a limited exclusion order, as well as an order for L&M to cease and desist from committing further acts of” patent, trademark, and copyright infringement.