Tommie Copper Inc. claims that a competitor is using a clever misuse of a common expression ”“ any Tom, Dick or Harry ”“ to confuse customers and divert business from the specialty apparel company.
Tommie Copper of Mount Kisco sued Manhattan-based Copper Compression Brands Sept. 24 in U.S. District Court, White Plains, alleging trademark infringement.
“In an intentional effort to cause consumer confusion and to divert consumers from the Tommie Copper website,” the lawsuit states, Copper Compression has “engaged in unfair competition and false advertising.”
Thomas Kallish, the “Tommie” of Tommie Copper, founded the company in 2010. It sells compression wear, such as arm sleeves, knee and back braces, and socks made with copper-infused fabrics, that purportedly ease pain by applying pressure to parts of the body.
The company established the market for copper compression gear in TV infomercials featuring talk show host Montel Williams.
Copper Compression LLC and Copper Compression Brands LLC are diverting Tommie Copper consumers to its own website and to its Amazon store, according to the complaint.
If someone had recently entered an online search for “tommie copper sleeve,” for example, an ad allegedly popped up for “Tommie Copper Elbow Sleeve ”“ Compression Sleeves & Wear” and connected to the Copper Compression website.
The confusion is achieved, according to the complaint, by describing Copper Compression products as “perfect for any Tommie, Dick or Harry,” rather than “Tom,” Dick or Harry.
Such wordplay is an intentional and illegal infringement on the Tommie Copper trademark, the company argues.
Tommie Copper accuses its competitor of trademark infringement; unfair competition, false designation of origin and injury to business reputation; and false advertising.
It is demanding Copper Compression”™s profits, as well as treble damages, and a court order stopping improper use of its trademarks.
Copper Compression spokeswoman Susan J. Turkell did not immediately respond to the charges.
Tommie Copper is represented by Manhattan attorneys S. Preston Ricardo and JoAnna C. Tsoumpas.
