Claim of Mimicing of Product Line

Please forgive any cross postings...

We represent a manufacturer who makes an entire product line of widgets. They received a cease and desist letter claiming that a few (but not all) of our client's goods within the product line infringed upon the agrieved party's copyrights in such goods and that our client's entire product line "mimics" their product line. Frankly, the product line is pretty straightforward stuff (by no means unique or original). However, since we need to respond, I have been trying to figure out what cause of action "mimicing" would be. I don't believe that it is a copyright infringement claim especially since they say a few of our client's goods infringe upon their copyright. Because it is a product line I don't believe trade dress is applicable. I would appreciate anybody's thoughts as to what "mimicing" might be.

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Douglas M. Lipstone, Esq.
Katz, Hoyt, Seigel & Kapor LLP
11111 Santa Monica Blvd., Suite 820
Los Angeles, CA  90025


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