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Intellectual Property Law

: The Trade Secrets Vault

Rocky Brands files lawsuit over use of its trade secrets

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STEVE ROBB Messenger news editor NELSONVILLE - Rocky Brands has filed a federal lawsuit against a former employee and one of its boot manufacturers, claiming they are using Rocky trade secrets to make "knock off" boots. The lawsuit was filed last week in U.S. District Court against Glen Bratcher of Springhill, Tenn.; Westwood Footwear and Accessories, Nashville; and Nantong Hong Yi Wang Shoes Co. of China. Rocky is asking for preliminary and permanent injunctions against the defendants. "Our customers have come to know and appreciate the integrity of Rocky boots," CEO Mike Brooks said in a statement from the company. "We are concerned that customers have been, and will be, confused as to the source of the defendants' boots by virtue of the defendants' apparent copying of Rocky's trademarks as well as Rocky's distinctive trade dress." The term "trade dress" refers to the appearance of a product or its packaging. John Triggs, an attorney representing Bratcher and Westwood Footwear, said he has asked Judge Edmund Sargus to expedite the case by bypassing the preliminary injunction stage and instead hold a hearing on a permanent injunction. That hearing is scheduled for April 21, he said.

Full post as published by The Trade Secrets Vault on February 17, 2008 (boomark / email).