A Utah judge this week entered judgment in favor of Westcomb in a lawsuit filed Feb. 2, 2007, against the Vancouver-based apparel brand by one of its industry competitors, ArcTeryx.
ArcTeryxs claim, which sought at least $150,000 in damages from the four-year-old Westcomb, was dismissed after the judge found that a zipper design created by Westcomb was entirely different from and did not infringe upon a design patented by ArcTeryx, as asserted in the suit.
The judge stated that “no reasonable jury could find that an ordinary observer would be deceived into confusing the design of defendants jacket with [ArcTeryxs] patent.”
Said Westcomb founder Alan Yiu: “This ruling validates what weve said since the start of this whole thing that Westcombs designs are uniquely ours. Now we can get back to pushing the boundaries in outdoor apparel, and putting our resources into developing category-defining products instead of into legal-defense fees.”