“Selling New York” furniture infringement case against Core dismissed

New York /
Jan.January 06, 2012 05:30 PM

A Brooklyn-based furniture design company has lost its lawsuit against Manhattan-based residential brokerage Core, according to the Hollywood Reporter, after a judge decided that Core’s use of the company’s furniture in a digital image to market an apartment at 240 Park Avenue South did not constitute copyright infringement, trade dress infringement and unfair competition.

Heptagon Creations, better known in the industry by its founder’s name André Joyau, sued Core and the architectural firm PleskowRael in March 2011, after the digital rendering appeared on HGTV’s “Selling New York,” to entice buyers who thought the furniture looked bare without furnishings. The furniture designer was seeking the $353,400 commission paid to Core CEO Shaun Osher for the purchase of penthouse unit 15A, which sold Sept. 8, 2010 for $5.89 million, as well as a halt to any further infringement of its designs.

Heptagon failed to allege the necessary facts showing that the design elements of the furniture were physically or conceptually distinct from the furniture’s utilitarian elements, the judge said.

For example, “Heptagon argues that the ‘rectangle or silvery bar’ that is part of this lamp is physically separable from the lamp’s functional aspects, as it does not affect the lamp’s ability to produce light. The appended exhibit shows, however, that the silvery bar supports the standing lights, and could not be separated from the lamp without adversely affecting its function as a free standing upright lamp.” [Hollywood Reporter]

 

Related Articles

arrow_forward_ios
Matt Lauer exposes Hamptons estate to the market
Matt Lauer exposes Hamptons estate to the market
Matt Lauer exposes Hamptons estate to the market
 Fredrik Eklund and the property (Getty, Steve Frankel)
Fredrik Eklund lists Bel Air mansion for rent as family moves to “forever home”
Fredrik Eklund lists Bel Air mansion for rent as family moves to “forever home”
Gordon Ramsey and his Lucky Cat restaurant (Lucky Cat)
Gordon Ramsay to open first South Florida restaurant in Miami Beach
Gordon Ramsay to open first South Florida restaurant in Miami Beach
Last-mile facilities dominating industrial real estate
Last-mile facilities dominating industrial real estate
Last-mile facilities dominating industrial real estate
273 Skillman Street, 83 Nostrand Avenue and 1358 Dekalb Avenue with Andrew Farkas of Island Capital (Google Maps, Getty)
All Year’s massive Brooklyn portfolio in distress, sparking bidding war
All Year’s massive Brooklyn portfolio in distress, sparking bidding war
Brookfield picks up Clifton industrial complex
Brookfield picks up Clifton industrial complex
Brookfield picks up Clifton industrial complex
Building 301 on Governors Island and Trust for Governors Island CEO Clare Newman (Gov Island)
Real estate partnership chosen for Governors Island climate hub
Real estate partnership chosen for Governors Island climate hub
Landlords were less likely to respond to renters they thought were African American or Latino. (iStock)
Landlords more likely to ignore applicants of color
Landlords more likely to ignore applicants of color
arrow_forward_ios

The Deal's newsletters give you the latest scoops, fresh headlines, marketing data, and things to know within the industry.

Loading...