CRAFT SMITH, LLC v. EC DESIGN, LLC

No. 19-4087.

969 F.3d 1092 (2020)

CRAFT SMITH, LLC, a California limited liability company, Plaintiff Counterclaim Defendant-Appellee, v. EC DESIGN, LLC, a California limited liability company, Defendant Counterclaimant-Appellant, and Michaels Stores, Inc., a Delaware corporation, Counterclaim Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

Filed August 11, 2020.


Attorney(s) appearing for the Case

Juliette P. White ( Kristine M. Johnson and Alan S. Mouritsen with her on the briefs), of Parsons Behle & Latimer, Salt Lake City, Utah, for Defendant Counterclaimant-Appellant.

R. Parrish Freeman ( Charles J. Veverka and Daniel R. Barber with him on the brief), of Maschoff Brennan P.L.L.C., Park City, Utah, for Plaintiff Counterclaim Defendants-Appellees.

Before HARTZ, PHILLIPS, and MORITZ, Circuit Judges.


Since 2007, EC Design, LLC, has been selling its popular personal organizer, the LifePlanner. In 2015, Craft Smith, Inc., wanting to enter the personal-organizer market, reached out to EC Design about a possible collaboration. Failing to join forces with EC Design, Craft Smith, with input from Michaels Stores, Inc., designed...

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