Optimer and 180s Settle Intellectual Property Lawsuit
October 2, 2008
Wilmington, DE October 3, 2008 Optimer Performance Fibers, Inc. announced today it has settled with 180s, a performance apparel and accessories company, related to its claims for trademark Infringement, unfair competition, false patent marking, and false advertising.
Optimer owns a proprietary fabric blend that is particularly effective for work shirts and cold weather gear. In its suit filed in the District Court for the Northern District of Illinois in late May of this year, Optimer alleged that 180s was selling work wear shirts and certain of its kids’ ear warmer products marked with Optimer’s proprietary fabric blend fabric notification and Optimer’s patent number on products that did not contain the proprietary fabric blend and were not covered under Optimer’s patent. Optimer also claimed false advertising of the products on the 180s website and at least one of 180s’ customers’ websites based on use of Optimer’s marketing phrases. Finally, Optimer alleged trademark infringement relating to 180s’ use of Optimer’s drirelease® and FreshGuard® trademarks. 180s, once authorized to obtain proprietary blend products from a licensed factory and to use Optimer’s patent number, trademarks, and marketing phrases, denied liability, claiming, among other things, that such acts resulted from 180s’ inadvertent use of old packaging for its kids’ ear warmer products and from labeling errors on its work wear shirts made at the licensed factory.
“drirelease is well known in many markets as a highly effective moisture management technology brand. This action is critical to protect our patent as well as the integrity of products containing drirelease,” says Optimer’s Managing Director of Operations, Beth Moore.
Optimer Brands, formerly known as Optimer Inc., a Sterling Capital Partners company, is based in Chicago, IL, with operations in Wilmington, DE.
Founded in 2001, Optimer Brands conducts textile research, development and marketing and has a scientific staff credited with over 100 patents and developments. drirelease® is a registered trademark of Optimer Brands. It is a patented, intimate blend of synthetic and natural fibers that combine wicking and quick drying attributes into a single yarn. Instead of spreading the moisture across a fabric’s surface, drirelease actually pushes it to the outside of a garment, releasing water and perspiration faster than any other performance fabric on the market. drirelease includes the added benefit of FreshGuard®, an odor neutralizer embedded in all drirelease fabrics that virtually eliminates odor without using harmful chemicals. All drirelease attributes are inherent to our yarns, meaning they will not wear or wash out. For more information, visit www.drirelease.com.
FreshGuard® is a registered trademark of Optimer Brands. It is an odor neutralizer embedded in all drirelease fabrics. It eliminates odors in garments by blocking odor-causing sebaceous body oils from attaching to the fabric – also stopping the attraction of odor-causing bacteria. Not an anti-microbial or anti-bacterial, which attack bacteria that possess positive functions, FreshGuard is environmentally friendly. For more information, visit www.drirelease.com.BACK TO NEWS