180s filed suit Tuesday in the United States District Court for the District of Maryland (Baltimore) against Brookstone, Inc. (“Brookstone”), a nationwide specialty retailer, headquartered in Merrimack, NH, for infringement of patents directed to the wrap-behind-the-head 180sTM Ear Warmer.
The suit charges Brookstone with infringement of United States Patent Nos. 6,502,248 (“the ‘248 Patent”), 6,735,784 (“the ‘784 Patent”), and 6,920,645 (“the ‘645 Patent”). The ‘248 Patent was granted to 180s by the U.S. Patent and Trademark Office on January 7, 2003. The ‘784 Patent was granted to 180s by the U.S. Patent and Trademark Office on May 18, 2004, and the ‘645 Patent was granted to 180s by the U.S. Patent and Trademark Office on July 26, 2005. The suit against Brookstone also includes claims of infringement of U.S. Trademark Registration No. 3,089,225 (“the ‘225 Registration”). The suit asks the Court to award damages for the infringing activities and enter an injunction prohibiting Brookstone from making, using, selling or offering to sell the accused ear warmer product in the United States.
“180s’ committed approach to the enforcement of its intellectual property portfolio is key to our success in protecting ourselves against copyists in the United States and abroad,” commented Thomas Erisman, chief financial officer of 180s. “This recent suit illustrates our commitment to zealously protect our brand of innovative performance wear.”
