Chewy, 'Little Trees' maker agree to drop pine tree trademark dispute

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  • Chewy had been accused of making dog toys that copy 'world-famous' pine tree air fresheners
  • Parties agree to dismiss the case permanently

(Reuters) - Chewy Inc and the maker and trademark owner of "Little Trees" pine-shaped air fresheners have agreed to dismiss their trademark dispute over Chewy's allegedly infringing dog toys, according to a filing in Manhattan federal court.

Julius Samann Ltd and Car-Freshner Corp argued in their May complaint that Chewy's pine-tree squeak toys copied "Little Trees" air fresheners and were likely to confuse consumers.

According to a Wednesday court filing, the parties agreed to dismiss all of the claims permanently.

Car-Freshner and its attorneys Jonathan King and Eric Shimanoff of Cowan Liebowitz & Latman didn't immediately respond to a request for comment, and neither did Chewy's attorney Frank D'Angelo of Loeb & Loeb.

Watertown, N.Y.-based Car-Freshner said in the complaint that it has owned an exclusive license to trademarks related to the "distinctive" pine-tree design from Samann and its predecessors for over 60 years, and sells air fresheners and other products using the design under the "Little Trees" name.

Car-Freshner and Samann accused Dania Beach, Florida-based Chewy's "Frisco Retro Tree Freshener Plush Squeaky Dog Toy" of copying the design and infringing the trademarks. Among other things, they noted that the words "air freshener" were printed on the toys, making it "obvious" that they were intended to resemble "Little Trees" and not just pine trees in general.

Chewy never responded to the allegations in court.

U.S. District Judge Vernon Broderick presided.

The case is Julius Samann Ltd v. Chewy Inc, U.S. District Court for the Southern District of New York, No. 1:21-cv-04711.

For Car-Freshner and Samann: Jonathan King and Eric Shimanoff of Cowan Liebowitz & Latman

For Chewy: Frank D'Angelo of Loeb & Loeb

Read more:

IN BRIEF: Chewy sued for trademark infringement over pine-tree dog toys

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Blake Brittain reports on intellectual property law, including patents, trademarks, copyrights and trade secrets, for Reuters Legal. He has previously written for Bloomberg Law and Thomson Reuters Practical Law and practiced as an attorney. Contact: 12029385713