Freeport based L.L. Bean is suing promotional products company 4Imprint, claiming 4Imprint is copying its iconic canvas carry-all bags.
L.L Bean contends 4Imprint’s “Boat Tote” line of bags is a copy of its “Boat and Tote” bags, which have been around since the 1960s.
(Image from public court document filed by L.L. Bean)
(Image from public court document filed by L.L. Bean)
The lawsuit filed Monday says 4Imprint sells dozens of different products using “Boat Tote” name in an effort to “deliberately free ride” on L.L.Bean’s well-known brand.
L.L. Bean says it asked 4Imprint to cease infringement on its trademark brand, but 4Imprint continued the practice, showing its conduct to be intentional.
The six count lawsuit claims 4Imprint’s use of the “Boat Tote” name “is likely to cause members of the public to believe, incorrectly, that 4Imprint’s goods originate from, or have been authorized, sponsored, approved or endorsed by L.L.Bean, or that 4Imprint’s goods are otherwise connected to, sponsored by, or affiliated with L.L.Bean in some way.”
The lawsuit asks the court to “orders 4Imprint to destroy all labels, signs, prints, packages, wrappers, receptacles, and advertisements in 4Imprint’s possession” bearing the design similar to L.L. Bean’s “Boat and Tote” brand.
It also asked the court to award L.L.Bean 4Imprint’s profits off its infringement of the “Boat and Tote” brand, and to award damages with interest.
The lawsuit filed in federal in U.S. District Court in Portland asks for a jury trial. It was filed by Jeremy R. Fischer with the Drummond Woodson law firm in Portland, along with Orrick, Herrington & Sutcliffe of Boston.
4Imprint is base in Oshkosh, Wisconsin.
