Home Depot Wins Appeal of Verdict

A federal appeals court Tuesday threw out a $5.7-million verdict against Home Depot Inc. and its partners who were accused of improperly copying a California man’s design for a Christmas tree stand.

The Court of Appeals for the Federal Circuit in Washington said the finding by a federal jury in May 2003 was “not supported by substantial evidence” and ruled against Decorations for Generations Inc., a closely held company in Turlock, Calif.

Decorations for Generations Chief Executive James Boucher designed the stand in 1988 out of scrap steel in his garage, and the company began selling it the following year in an open-topped white box, including sales to Home Depot. He accused Home Depot of selling a similar stand in a look-alike box, all made in Chinese factories.

Atlanta-based Home Depot said in a statement that it felt vindicated by the ruling. “It is the company’s policy to respect the intellectual property rights of others,” the statement said.