United States District Court, N.D. Texas, Dallas Division
FINDINGS, CONCLUSIONS, AND RECOMMENDATION OF THE
UNITED STATES MAGISTRATE JUDGE
REBECCA RUTHERFORD UNITED STATES MAGISTRATE JUDGE
an intellectual property dispute between competing sellers of
shower doors in which Plaintiff Bath Authority, LLC d/b/a
DreamLine (“DreamLine”) brings several causes of
action against Defendant Aston Global, Inc.
(“Aston”) alleging Aston's sale of certain
French-door style shower doors infringes DreamLine's
design patents and constitutes unfair competition. Pending
before the Court is DreamLine's Motion for Preliminary
Injunction and Expedited Discovery (ECF No. 13). Because
DreamLine has not established a substantial threat of
irreparable harm if an injunction is not granted, the Motion
should be DENIED.
markets and sells bathtub and shower doors and enclosures
using a French branding theme. Am. Compl. 5, ¶ 20 (ECF
No. 18). Most of the products in this “FRENCH
line” are branded with the name of a river or town in
France and the word “French.” Id. Among
other products, DreamLine's FRENCH line includes: (1) the
“French Linea Toulon;” (2) the “French
Linea Avignon;” (3) the “French Linea
Rhone;” (4) the “French Corner;” and (5)
the “Unidoor Toulon.” See id. at 6,
¶ 25. DreamLine alleges the products in its FRENCH line
have been subject to common law trademark protection since
“at least March 2016” when they were introduced
in the market. Id. at 10, ¶ 45. In February
2017, DreamLine obtained registration of the mark
“French Corner” for bathtub enclosures, shower
doors, and shower enclosures; and in December 2018, it
obtained registration of the marks “Avignon” and
“Toulon” for the same class of products.
Id. at 5, ¶ 20; Pl.'s Ex. 1-6 (ECF No.
18-1). DreamLine refers to its general trademark protection
earned by selling its French-themed shower doors as well as
its registered trademarks collectively as its “FRENCH
marks.” See Am. Compl. 5, ¶ 20.
also owns two relevant design patents: D816, 818 entitled
“Shower Door and Panel” (“D818”) and
D816, 814 entitled “Glass Shower Panel of Shower
Enclosure” (“D814”). Id. at 7-9,
¶¶ 34-39; Pl.'s Ex. 63-73. D818 claims
“[t]he ornamental design for a shower door and panel,
as shown and described.” Pl.'s Ex. 63. It is
depicted as double doors with 24 equally sized glass panes on
each door-four columns and six rows each. See Id.
The left-hand door has a pull handle positioned near where
the two doors meet. See Id. The Unidoor Toulon
product is a black-framed shower door, identical to the D818
drawings. Am. Compl. 13, ¶ 53; Pl.'s Ex. 63. The
French Linea Toulon product is a single door identical to
Unidoor Toulon's right-hand door. Am. Compl. 12, ¶
50; Pl.'s Ex. 63. D814 also claims “[t]he
ornamental design for a shower door and panel, as shown and
described.” Id. at 70. It, however, is
depicted as a single door with 12 equally sized glass
panes-three columns and four rows. See id. It does
not have a handle. See id.
1: DreamLine's Patents - Drawings Pl.'s Ex. 63, 70.
2: DreamLine's Products
Compl. 11, 13, ¶¶ 45, 53.
sells four products online through Home Depot that DreamLine
alleges infringe its intellectual property rights.
Aston's “French Durance” is a single,
black-framed door with 15 glass panes-three columns and five
rows-and no handle. Pl.'s Ex. 59. Aston's
“French Mayenne” is a single, black-framed door
with 15 glass panes-three columns and five rows-with a pull
handle positioned on the left-hand side of the door.
Id. at 103. There is more than one model of
Aston's “French Vienne.” One model is a
black-framed shower enclosure. Id. at 80. Its
narrower panel has 15 glass panes-three columns and five
rows. Id. Its wider panel, which meets the narrower
panel at a right angle, has 25 glass panes-five columns and
five rows. Id. The wider panel has a pull handle
positioned near where the two panels meet. Id. The
other French Vienne model is identical to the enclosure
model, but it is a standalone door rather than an
enclosure-its only piece is the wider, handled door.
Id. at 85, 90. Finally, the Aston “French
Brienne” is black-framed double doors with 15 panes on
each door-each with three columns and five rows. Id.
at 75. It has a pull handle on the right-hand door positioned
near where the doors meet. Id.
3: Aston's Products
Ex. 75, ...