In a second vendor v. retailer patent infringement case, 180s has won a preliminary injunction against J.C. Penney and Drew Pierson Marketing. 180s is alleging that J.C. Penney and Pierson infringed upon two of 180s patents relating to wrap-behind-the-head ear warmer products. 180s sought to immediately stop the two companies from selling an ear warmer called “Ear Wrap by Free Country.”
The suit, filed against the two retailers and Free Country in September, also includes claims of trade dress infringement, unfair competition, false advertising and civil conspiracy. The suit also alleges that the actions of J.C. Penney and Drew Pearson were willful and requests that the court award 180s enhanced damages and its attorney’s fees and costs.
J.C. Penney is a former customer of 180s and had sold 180s ear warmers for two years. The suit states that as a former customer, J.C. Penney was aware of 180s intellectual property rights relating to wrap-behind-the-head ear warmers, and that 180s specifically notified J.C. Penney in writing of 180s ear warmer patents. According to 180s in granting the preliminary injunction, the Court ruled that 180s is likely to succeed on the merits of its patent infringement claims.
