Rifle Paper Co., a Winter Park business located at 558 W. New England Ave has sued Wal-Mart Stores Inc., Wal-Mart.com USA LLC and textile product importer, Beco Industries Ltd., claiming they copied a floral design and used it on various products.
According to the lawsuit, Beco, selling through Walmart, used a “Spanish Rose Design” created by artist Anna Bond and exclusively licensed by the Winter Park business. Rifle Paper holds each of the copyright registrations and has used the design on a phone case, a greeting card, a notebook, a desktop notepad and an assorted card set.
“The Infringing Textile Products incorporate floral artwork that is strikingly similar or, alternatively, substantially similar to Plaintiffs’ Spanish Rose Design.” – The Lawsuit states
Beco has initiated the infringing Design’s used by other manufacturers such as Ever Grace Industry Limited, Huisen Furniture (Longnan) Co. Ltd., Idea Nuova Global, Inc., Tangshan Daxin Ceramics Co., Ltd., HMS Mfg. Co., and other manufacturers.
Rifle Paper also states the design has been publicly available through major national and international retail outlets such as Barnes & Noble, Nordstrom, Bloomingdales, Hallmark, Anthropologie and Birchbox since 2013.
To date, Rifle Paper and its licensees have sold more than 350,000 units of products incorporating the Spanish Rose Design, the lawsuit reads.
Walmart and Beco each were sent a notice to cease and desist but have “failed and refused” to comply as of the lawsuit’s Dec. 8 filing.
“We take this seriously, and we are reviewing a copy of the complaint. we’ll file a response to the allegations in court, but at this time we’re reviewing the complaint.” – Walmart spokesperson Randy Hargrove said