Pursuit Marketing Inc. announced the settlement of the R.P.Sherer, PMI lawsuit against Arkansas based Brass Eagle Inc., for infringement of three patents covering the process involved to produce Marballizer brand of paintballs and a trade dress infringement action pertaining to the appearance of Marballizer paintballs.
The suit was pending in the United States District Court for the Western District of Arkansas, Fayetteville Division.
The RPS/PMI patents number 5,672,300, 6,022,499 and 6,569,363 — cover the process to produce the popular Marballizer(R) paintballs. Brass Eagle Inc.'s recently introduced Viewloader(R) paintballs were the accused products in the suit sold under various brand names including Ibalz, Cyclone, JT Cyclone, Carnivore, JT Carnivore and Afterburner.
Marballizer(R) paintballs are known in part by their distinctive appearance in that they have swirls of color on their outer shells, similar in appearance to marbles. The marble appearance is accomplished through the use of a patented process and apparatus. PMI recently purchased all R.P. Scherer paintball manufacturing operations and related intellectual property from Cardinal Health of Dublin, Ohio including trade dress rights and patents describing the process, as well as apparatus by which the marble appearance is created.
Brass Eagle agreed to pay PMI an undisclosed sum of money as well as discontinue the manufacture and sales of all the infringing products. Both parties have mutually agreed to dismiss the suit.
“Pursuit Marketing Inc. has a substantial investment in intellectual property rights including various patents, trademarks or registrations covering innovative products, and intends to aggressively protect those rights and investments by taking all available action against any imitators who violate them,” said Pursuit Marketing Inc. President Jeff Perlmutter. “We reserved the right to re-litigate this matter if necessary, however, at the present time, we are satisfied with the results of this litigation.”