Enesco Files Motion for Preliminary Injunction against Department 56, Inc. Based on Amended Complaint
August 15 2005 - 5:54PM
Business Wire
Enesco Group, Inc. (NYSE:ENC), a leader in the giftware, and home
and garden decor industries, today filed a motion for preliminary
injunction against Department 56, Inc. based on Enesco's Amended
Complaint in the United States District Court, Northern District of
Illinois, Eastern Division. Enesco seeks preliminary injunctive
relief relating to Enesco's claim that Department 56 has been
unfairly competing through allegedly false and misleading
statements and conduct. The amended complaint alleges that the
actions of Department 56 violate federal unfair competition laws,
as well as the Illinois Uniform Deceptive Trade Practices Act and
the Illinois Consumer Fraud and Deceptive Business Practices Act.
The motion for preliminary injunction seeks an order preliminarily
prohibiting Department 56 from engaging in conduct that constitutes
unfair competition. Enesco is vigorously pursuing adherence to its
current license agreement, and does not seek to terminate its
license agreement with Jim Shore Designs in the amended complaint.
About Enesco Group, Inc. Enesco Group, Inc. is a world leader in
the giftware, and home and garden decor industries. Serving more
than 30,000 customers globally, Enesco distributes products to a
wide variety of specialty card and gift retailers, home decor
boutiques as well as mass-market chains and direct mail retailers.
Internationally, Enesco serves markets operating in Europe, Canada,
Australia, Mexico, and Asia. With subsidiaries located in Europe
and Canada, and a business unit in Hong Kong, Enesco's
international distribution network is a leader in the industry. The
Company's product lines include some of the world's most
recognizable brands, including Heartwood Creek, Walt Disney
Company, Walt Disney Classics Collection, Jim Shore, Pooh &
Friends, Nickelodeon, Bratz, Halcyon Days, Lilliput Lane and Border
Fine Arts, among others. Further information is available on the
Company's web site at www.enesco.com. This press release contains
forward-looking statements, which reflect management's current
assumptions and beliefs and are based on information currently
available to management. The Company has tried to identify such
forward-looking statements by use of such words as "expects,"
"intends," "anticipates," "could," "estimates," "plans," and
"believes," and similar expressions, but these words are not the
exclusive means of identifying such statements. Such statements are
subject to various risks, uncertainties and other factors, which
could cause actual results to vary materially from those
anticipated, estimated, expected or projected. Important factors
that may cause actual future events or results to differ materially
and adversely from those described in the forward-looking
statements include, but are not limited to: the Company's success
in developing new products and consumer reaction to the Company's
new products; the Company's ability to secure, maintain and renew
popular licenses, particularly our Cherished Teddies, Heartwood
Creek and Disney licenses; the Company's ability to grow revenues
in mass and niche market channels; the Company's ability to comply
with covenants contained in its credit facility; the Company's
ability to obtain a new global senior credit facility; the
Company's ability to effectively stablize the legacy information
system; changes in general economic conditions, as well as specific
market conditions; fluctuations in demand for our products;
manufacturing lead times; the timing of orders and shipments and
our ability to predict customer demands; inventory levels and
purchase commitments exceeding requirements based upon incorrect
forecasts; collection of accounts receivable; changes in the
regulations and procedures affecting the importation of goods into
the United States; changes in foreign exchange rates; price and
product competition in the giftware industry; variations in sales
channels, product costs or mix of products sold; and, possible
future terrorist attacks, epidemics, or acts of war. In addition,
the Company operates in a continually changing business environment
and does not intend to update or revise the forward-looking
statements contained herein, which speak only as of the date
hereof. Additional information regarding forward-looking statement
risk factors is contained in the Company's reports and filings with
the Securities and Exchange Commission. In light of these risks and
uncertainties, the forward-looking statements contained herein may
not occur and actual results could differ materially from those set
forth herein. Accordingly, you should not rely on these
forward-looking statements as a prediction of actual future
results.
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