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Top Ten Imports, LLC v. BMX Imports, LP

Here’s an interesting case in which the Plaintiff seeks to protect the unique design of  a space heater. Plaintiff manufactures the iHeater. Defendant has been manufacturing and marketing space heaters with a similar(?) design, the HeaterPRO (see images below). The ultimate question is whether a space heater design can even be protected. After all, are there many things more utilitarian than a space heater? Plaintiff tries to cover all bases just in case, relying on copyright, trade dress and even a design patent.

Court Case Number: 1:10-cv-01287-SEB-DML
File Date: Wednesday, October 13, 2010
Plaintiff: Top Ten Imports, LLC
Plaintiff Counsel: James M. Hinshaw and Alex E. Gude of Bingham McHale LLP
Defendant: BMX Imports, LP
Cause: Copyright Infringement, Trade Dress Infringement, Unfair Competition
Court: Southern District of Indiana
Judge: Judge Sarah Evans Barker
Referred To: Magistrate Judge Debra McVicker Lynch