180s has filed suit in the United States District Court for the District of Maryland (Baltimore) against Walgreen Co., headquartered in Deerfield, IL, for infringement of a patent directed to the wrap-behind-the-head 180s Ear Warmer.
The suit charges Walgreens with infringement of United States Patent No. 5,835,609 (the 609 patent). The '609 patent was granted to 180s by the U.S. Patent and Trademark Office on November 10, 1998. The suit against Walgreens also includes claims of trade dress infringement, unfair competition and reverse passing off. The suit asks the Court to award damages for the infringing activities and for an injunction to force Walgreens to cease all future infringing activities.
“The enforcement of 180s intellectual property portfolio is the key to our success in protecting ourselves against copyists in the United States and abroad”, commented Timothy A. Hodge, Jr., Chief Legal Officer of 180s. “This recent suit illustrates our commitment to zealously protect our brand of innovative performance wear and our valued retail customers against the importation of cheap, imitation products.”
Walgreens operates 4,337 drugstores in 44 states in the U.S. and Puerto Rico. In 2003, Walgreens reported sales revenue of $32.5 billion dollars (U.S.).
Since the 180s inception in 1994, 180s has filed and won lawsuits against other companies for patent infringement of 180s innovative products. Less than two months ago, 180s filed two suits in Marylands Federal Court against Starcrest of California, a California based mail order company, and Liter Boutique, a local Baltimore distributor of consumer products, for infringement of the 609 patent. And just last month, 180s filed two additional lawsuits in Federal Court against Moon-Sung Corporation and Hit Items, Inc. for infringement of the 609 patent. Walgreens, Liter Boutique, Moon-Sung and Hit Items all were selling an ear warmer called the “Ear Band” that is virtually identical in appearance to the 180s ear warmer.
