Genesis Strategies, Inc. (Northborough, MA) has sued Pitney Bowes, Inc. (Stanford, CT) for trade dress infringement and related claims stemming from a similar stylus holder design sold by both companies. The complaint alleges that Pitney Bowes bought thousands of the stylus holders from the plaintiff with a statement that more orders were coming. More orders never came, and plaintiff discovered that Pitney Bowes had simply farmed out the stylus design to an overseas manufacturer/importer who purportedly admitted copying the design. Left without patent protection for its product, the plaintiff resorts to trade dress claims, which are pretty thin given the product configuration nature of the asserted design and some skepticism regarding the design’s indication of source.
Genesis Strategies, Inc. v. Pitney Bowes, Inc., 11-12270-TSH (D. Mass. Dec. 20, 2011)