DURHAM, N.C. (Legal Newsline) – The makers of pet clothing has filed a lawsuit against a similar company claiming patent infringement over its “pressure-applying” pet garments.
Thundershirt, a North Carolina-based company, filed the suit on April 24 against BH Pet Gear LLC alleging the company violated patent laws by marketing and selling pressure-applying pet clothing.
Cole
Thundershirt sells the garments to help calm dogs and cats who suffer from “anxiety, fear or over-excitement.” The suit claims Thundershirt’s design is “inherently distinctive,” and has owned the common law rights to the design since May 2009.
Thundershirt alleges BH Pet Gear’s pet garments copy, at least in part, the patented design of its products.
“(BH Pet Gear’s) intentional copying of the Thundershirt Trade Dress for pressure-applying pet garments that are similar to Thundershirt’s goods is likely to cause consumers to be mistaken, confused, or deceived into thinking that that Defendant’s pressure-applying pet garments are associated with, affiliated with, originate from, or are sponsored or endorsed by Thundershirt,” the suit said.
Thundershirt is seeking an unspecified amount of damages to be determined by the court plus court costs. The company is represented by Kathryn G. Cole and Benjamin R. Huber of Moore & Van Allen PLLC of Charlotte, N.C.
United States District Court for the Middle District of North Carolina-Durham Division case number 1:15-cv-00339
