Maryland IP Litigation 2008: Lawsuit Summary No. 5
I received a Tec Stretch Ear Warmer over the recent holiday season, just in time for last week's cold spell. Made by Baltimore-based 180s, the Tec Stretch product combines ear warmer and headphones in one simple device, so you can listen to your MP3 player and protect your ears from the cold at the same time. In addition to patents covering the ear warmer product, 180s has a portfolio containing over 50 utility and design patents covering a wide range of sports-related apparel and accessories. And it is not afraid to assert those patents: the company has filed no less than eight patent infringement lawsuits in just the last fours years.
Which leads me to today's lawsuit summary (source: Justia).
- #5: 180s, Inc. et al v Gordini U.S.A., Inc., No. 1:2008cv00177, filed January 22, 2008
This patent and trade dress infringement lawsuit involves plaintiffs 180s, Inc. and 180s, LLC (reportedly the licensee of 180s' patents) and defendant Gordini U.S.A., Inc., a Vermont company based in Essex Junction, VT, which, according to its website, develops and manufactures cold weather apparel and accessories. The patents at issue are utility patent 6,978,483 and design patent D545,001; the trademark at issue is Registration No. 3,089,225 for the design shown below.
180s contends that Gordini's Lobz® earmuff product and packaging are similar to 180s' ear warmer product. In its complaint, 180s alleges patent infringement of the '483 and '001 patents, federal trade dress infringement of the '225 registration, and common law trade dress infringement. The company is seeking an injunction, undisclosed monetary damages, and a finding of willful infringement.
Cooley Godward Kronish LLP filed the complaint on behalf of 180s.
Whether it is successful or not in this lawsuit, this case highlights how different forms of intellectual property protection--utility patents, design patents, and trade dress--can all be used in combination to protect various aspects of a single good or service.
