WOONSOCKET – CVS Caremark Corp.’s CVS/pharmacy unit was sued for copyright infringement by a Kansas City, Mo.-based artist.
Susan Lordi Marker, designer of the “Willow Tree” line of figurines, accused CVS of selling figurines that are knockoffs of her original designs.
According to the complaint filed Feb. 11 in federal court in Kansas City, Lordi Marker began selling her figures — many of whom are faceless angels with wire-loop wings — in 1999. She has created 200 different designs since then and has sold “tens of millions of figurines,” she says in her complaint.
Her average U.S. sales are $4.6 million a month, Lordi Marker said, with the products sold in independent gift shops, hotel gift shops and in retail locations, including Hallmark Cards Inc.’s Hallmark stores.
She said the alleged knockoffs sold by CVS have caused her injury, and if not stopped by the courts, will result in “substantial irreparable harm,” including lost customers.
CVS didn’t immediately respond to an e-mailed request for comment.
The artist asked the court for orders barring future infringement of her copyrights, and for the destruction of all infringing products and promotional materials. She seeks awards of profits CVS derived from its sale of allegedly infringing products, attorney fees and litigation costs.
She is represented by Michael Elbein, Scott Brown and Matthew B. Walters of Hovey Williams LLP of Overland Park, Kan.
The case is Susan Lordi Marker v. CVS Pharmacy Inc., 4:11- cv-00162-PODS, U.S. District Court, Western District of Missouri (Kansas City).
