A Eugene, OR company has sued Columbia Sportswear and two other companies, alleging they breached non-disclosure agreements by using its technology in a line of battery-heated jackets the outdoor apparel company highlighted as an example of its renewed commitment to innovation.
In a lawsuit filed in Lane County Circuit Court in Oregon, Innovative Sports, Inc. claims it designed and developed technology for heated clothing and disclosed those designs to Columbia Sportswear and NCS Power of Washington state through confidential meetings and business relationships covered by non-disclosure agreements. The Allyn Group, also of Washington, is also named as a defendant.
After meeting with Innovative Sports, , the lawsuit alleges the defendants abruptly terminated the prospective or ongoing business relationships, and then breached the non-disclosure agreements by either sharing the technology with third parties, or in the case of Columbia Sportswear, producing heated products incorporating Innovative Sports’ technology.
While the conduct underlying the lawsuit spans several years, the lawsuit implicates Columbia Sportswear's currently available “Omni-Heat Electric” line of heated clothing as well as now discontinued line of heated jackets released in 2009. Last November, Columbia Sportswear recalled about 220 Chinese-made rechargeable batteries used to heat its Omni-Heat jackets after discovering a defect that can cause them to overheat and pose a fire hazard. The affected jackets sold for $900 to $1,200 at retail.
The six-count complaint seeks monetary damages for breach of contract and misappropriation of trade secrets and other claims and asks for injunctive relief seeking to stop Columbia Sportswear from producing heated sportswear.
