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NorCross Marine Products Files Copyright Infringement LawsuitAgainst...



February 16, 2005 -- NorCross Marine Products, Inc., the makers of HawkEye Portable Fish Finders, filed a lawsuit on Dec. 30 in the United States District Court for the Middle District of Florida alleging unauthorized use of NorCross' intellectual property by Daka Development, Ltd. of Hong Kong, Daka Designs, Ltd. of Bermuda (collectively referred to as "Daka") and J.C. Penney Corporation, Inc. ("J.C. Penney") of the United States. The case number is 6:04-CV-1899-Orl-22KRS.



The lawsuit asserts NorCross hired Daka Development to manufacture a number of fish finder products from 2002 through 2004. NorCross supplied Daka with a fish finder design package that contained product concepts, specifications, man-machine-interfaces, field testing, and graphics for packaging and operator's manuals. In September of 2003, NorCross and Daka's manufacturing relationship ended and Daka began marketing their own fish finder.



NorCross alleges Daka copied NorCross' fish finder design package, product concepts, specifications, man-machine-interfaces, field testing, and graphics for packaging and operator's manuals, and even went as far as supplying a nearly word-for-word copy of NorCross' operator's manual with the fish finder bearing Daka's name. NorCross' manual is protected by United States Copyright TX-5-983-904.



The lawsuit further claims NorCross had an advantageous business relationship agreement with J.C. Penney in early 2004 for distribution of NorCross' fish finders in the J.C. Penney Christmas catalog. J.C. Penney was supplied with NorCross' products, packaging and manuals for review, but later decided to distribute Daka's fish finder instead for their Christmas catalog. NorCross contends J.C. Penney continues to willfully violate the copyright owned by NorCross by continuing to purchase and sell products containing Daka's infringing manual.



"We believe Daka made a conscious decision to replicate NorCross' products, packaging, and operator's manuals, thereby unjustly benefiting from NorCross' design efforts, experience, goodwill, and reputation," said Greg Lentine, president of NorCross. "By purchasing products containing Daka's unlawfully copied operator's manual, J.C. Penney has willfully infringed NorCross' exclusive rights to the operator's manual and has thus prohibited NorCross from recuperating years of investment in perfecting these products and manuals," Lentine adds.



The lawsuit against Daka includes copyright infringement, trade dress infringement, tortuous interference with a business relationship, deceptive and unfair trade practices, unfair competition, and breach of implied contract. NorCross seeks a temporary and permanent injunction against Daka from infringing NorCross' rights, an order requiring the impounding and destruction of all violating goods, an award for compensatory damages, including loss of profits and income, and legal fees relating to this case.



The lawsuit against J.C. Penney is for copyright infringement and NorCross also seeks a temporary and permanent injunction against J.C. Penney from infringing NorCross' rights, an order requiring the impounding and destruction of all violating goods, and an award for compensatory damages, including loss of profits and income and associated legal costs.



NorCross Marine Products manufactures marine electronics for outdoor enthusiasts. For the full complaint, visit http://www.norcrossmarine.com/copyrightlawsuit.






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