180s Wins Preliminary Injunction Against JC Penney, Drew Pearson

180s announced Monday that a Federal judge in Baltimore has issued a preliminary injunction on behalf of 180s against J.C. Penney Company Inc., J.C. Penney Corporation Inc. and and Drew Pearson Marketing, Inc.

180s requested the order because of alleged infringement of two of 180s patents relating to wrap-behind-the-head(TM) ear warmer products. 180s sought to immediately stop J.C. Penney and Drew Pearson from selling an ear warmer called “Ear Wrap(TM) by Free Country(R).”

On September 17, 2004, 180s filed a federal lawsuit against J.C. Penney, Drew Pearson and Free Country, Ltd. for infringement of United States Patent Nos. 6,502,247 (the 247 patent) and 6,735,784 (the 784 patent). The suit also includes claims of trade dress infringement, unfair competition, false advertising and civil conspiracy. New York-based Free Country, Ltd. distributes products under its “Free Country” brand to a variety of retailers in the United States, Canada, Europe and Japan.

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.

180s, according to the suit, recently learned that J.C. Penney had begun selling the Ear Wrap product. 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. Even so, the suit alleges, J.C. Penney and Drew Pearson chose to market and sell the accused Ear Wrap product. In granting the preliminary injunction, the Court ruled that 180s is likely to succeed on the merits of its patent infringement claims.

“Earlier this year, 180s put its past customers and its current and potential retailer partners on notice of its intellectual property portfolio and indicated how vigorously 180s enforces these rights,” said Timothy A. Hodge, Jr., chief legal officer for 180s. “180s has more than 80 patents and pending-patent applications on various products. We are committed to supporting our loyal customers by aggressively enforcing our intellectual property rights in the upcoming selling season and beyond.”