If Covington wins, ADF will appeal

By Staff -- Home Textiles Today, 6/7/2004 12:00:00 AM

NEW YORK —

Despite the ruling by the United States District Court for the Southern District of New York that a Covington Industries pattern, called "Maxwell," has a valid copyright, American Decorative Fabrics (ADF) "ultimately intends to appeal the district court's ruling, should the final decision in the case favor Covington," said Gary Stein, chief operating officer.

"ADF remains committed to challenging what it considers Covington's overreaching claims, and it has actively been defending the case, because it strongly believes that companies should not be permitted to monopolize a common plaid design," Stein added.

ADF, he said, "voluntarily agreed to refrain from moving forward with its new plaid pattern, 'Highland,' while the lawsuit is pending."

The validation of the copyright is a preliminary decision, and the case now proceeds to trial on the issue of whether ADF's design is substantially similar to Covington's design.