John Suayan Oct. 28, 2015, 10:49am


Alleging a Lufkin woman created and sold molds resembling two of its works without permission, Elk Grove Village, Ill.-based Design Toscano, Inc. has pursued legal action.

Design Toscano filed a lawsuit against Pamela K. Kirtley, doing business as Texas Tradition Molds, in the Eastern District of Texas, Tyler Division on Oct. 26 for infringing upon the copyrights to “Bigfoot the Garden Yeti” and “In God’s Grace Angel Statue”.

The suit explains that Kirtley ordered both sculptures three years ago, however, it was not until last year when a Design Toscano representative “first became aware that someone had created a mold to cast concrete versions of the projects in question.”

Subsequently last June, according to the original petition, the plaintiff discovered the respondent “was selling and offering to sell molds.”

Design Toscano additionally asserts that Kirtley never sought its authorization.

“The defendant has infringed, and continues to infringe, the plaintiff’s copyrights in the protected works by reproducing, publicly displaying, distributing, or preparing derivative works based upon the protected works without the plaintiff’s authorization,” the original petition states.

Consequently, the complainant seeks at least $150,000 in damages in addition to a jury trial.

It is represented by attorneys Claire Abernathy Henry, T. John Ward, Jr. and Wesley Hill of the law firm Ward, Smith & Hill, PLLC in Longview.

Tyler Division of the Eastern Division of Texas Case No. 6:15-CV-922

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