September 22, 2019 Decisions in Brief

Decisions in Brief

John C. Gatz

©2019. Published in Landslide, Vol. 12, No. 1, September/October 2019, by the American Bar Association. Reproduced with permission. All rights reserved. This information or any portion thereof may not be copied or disseminated in any form or by any means or stored in an electronic database or retrieval system without the express written consent of the American Bar Association or the copyright holder.

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Accused Infringers Get Favorable Ruling in Planning Calendar Case

Craft Smith, LLC v. EC Design, LLC, No. 2:16-cv-01235, 2019 U.S.P.Q.2d 181509, 2019 WL 2161560 (D. Utah May 17, 2019). EC Design is a California designer and retailer of personal planners founded by Erin Condren. EC Design’s primary product is the LifePlanner, which was first designed by Condren in 2007 and has evolved every year since. Craft Smith is a competitor of EC Design that also designs and manufactures planners, selling them since 2014 through Michaels, a large retailer of arts and crafts supplies. EC Design discussed a potential collaboration with Craft Smith beginning in early 2015. The discussions centered around the idea of creating a new planner for sale through Michaels, but the discussions ended with no agreement on how to proceed with such a plan. Following these discussions, Craft Smith and Michaels planned to create spiral planners for sale at Michaels, with the goal of having the design and manufacture characteristics of the new planners being similar to those of the LifePlanner. These new planners were released in October 2016 and saw good customer acceptance.

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