By Patsy R. Brumfield/NEMS Daily Journal
TUPELO – A lawsuit against Huntington Fabrics Inc. of Tupelo was dismissed Monday after attorneys told the court they were settling it.
Tuesday, Chief U.S. District Judge Michael P. Mills ordered the lawsuit dismissed “with prejudice,” which means the issues cannot be revived.
Culp Inc. of Charlotte, N.C., sued Huntington and its officials Chip and Debbie Waterer in August 2009, claiming that Huntington illegally copied Culp’s fabric design called “Palomino.”
Huntington imports, makes and sells fabric. Its “Wyatt” design was Culp’s target.
Culp identifies itself as “one of the world’s largest marketers of upholstery fabric for furniture.”
The lawsuit was first filed in North Carolina, then moved to the Northern District of Mississippi in 2011.
Culp claimed that “Wyatt” was designed “to confuse and deceive customers” in playing off its “Palomino” design.
Culp also claimed the defendants deliberately infringed on its copyright rights.
On the same day Mills dismissed the lawsuit, he issued a permanent injunction ordering Huntington and the Waterers from “all activities” with regard to “Wyatt” fabric or any substantially similar design of any of Culp’s.