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herman miller eames neuvo americana sonoma 110812

On the left, the iconic Herman Miller Eames chair and ottoman. On the right, the Nuevo Americana Sonoma. (Courtesy photos - Nov. 8, 2012)

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Herman Miller: Eames trademark violated

Federal lawsuit filed Monday vs Toronto company

Updated: Thursday, 08 Nov 2012, 9:53 PM EST
Published : Thursday, 08 Nov 2012, 9:18 PM EST

GRAND RAPIDS, Mich. (WOOD) - West Michigan manufacturer Herman Miller, Inc. is suing a Toronto company for trademark infringement of its iconic Eames furniture.

Herman Miller filed a federal lawsuit against Nuevo Americana, Inc. on Monday alleging that Nuevo Americana manufactured a chair that is a copy of the iconic and Herman Miller designed-trademarked EAMES Lounge Chair and Ottoman.

Herman Miller also says its trademarked EAMES Aluminum Group and Soft Pad Trade Dress have been unfairly copied.

Herman Miller has owned the Eames trademark since 1982, according to the suit. The EAMES Lounge Chair and Ottoman was designed by Charles Eames in 1956.

The suit alleges that Neuvo is manufacturing and selling "knockoffs" of the EAMES Lounge Chairs and Ottomans, EAMES Aluminum Group and Soft Pad chairs, as well as knockoffs of EAMES Herman Miller products.

The suit alleges Nuevo Americana "intentionally, knowingly, and willfully used in United States commerce a counterfeit and colorable imitation" of Herman Miller EAMES products.

"Nuevo's said use is likely to cause confusion, mistake, or deception (initial interest, point-of-sale and/or post-sale) as to the source of origin, sponsorship, or approval of Nuevo's products, in that purchasers or others are likely to believe Nuevo's products are Herman Miller's products or the products of a company legitimately connected with, approved by, or related to Herman Miller," the suit reads in part.

The suit says this allows Nuevo to "deceptively" imply that their products are connected to Herman Miller.

Herman Miller claims this constitutes a trademark violation.

"Nuevo's infringement of Herman Miller's rights greatly and irreparably damages Herman Miller," the suit reads.

In the suit, Herman Miller demands that the court order production of the Nuevo Americana merchandise be stopped and that the so-called knockoffs not be allowed to be imported into the U.S. It also requests payment for damages, turn over profit made on the chairs, and pay Herman Miller three times the amount of profits and damages.

The suit also demands Nuevo pay Herman Miller's court costs.

The Nuevo Americana merchandise in question is sold at an independent West Bloomfield, Mich. store.

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