Technology Law Source

Tag Archives: Patent Infringement

Rivalry in the Athleisure Industry – lululemon and Under Armour battle over criss-cross straps

Patent infringement lawsuits are rather unusual in the fashion industry in part because design patents are difficult, expensive, and slow to obtain. In an industry that is constantly evolving to keep up with consumer trends, the year+ length of time from application filing to design patent registration is a lifetime. The latest development gaining momentum in the fashion industry is a niche known as “athleisure.” This trend, as suggested by the term, is defined by clothing designed not only for hardcore workouts or athletic activity, but also to be worn in other low impact settings, such as at the workplace, school, or other casual or social settings. Athleisure apparel caters to those, typically women, who want to be comfortable but still want to be trendy.

This athleisure market feeds a growing multibillion dollar industry which increases the demand on big time players to carve out their stake with continuously innovative items.

But what is considered innovative and novel?…

Quantum Dots, Patent Infringement and Chapter 11

All of us have seen or directly experienced some effect of the recession, ranging from friends or co-workers losing their jobs to budget cut backs to bankruptcy.

Nanoindustries have not been immune to the recession’s effects. Many. if not the majority of nanoindustries are small businesses and lack the depth of financial resources that older, more established companies have.

Evident Technologies, Inc, located in Troy NY and specializing in the production of quantum dots and nanocrystals, filed a petition for Chapter 11 bankruptcy protection and reorganization in the US Bankruptcy Court for the Eastern District of New York on Monday. Evident’s press release cites as the major contributing factor to the bankruptcy a patent infringement case in the US District Court for the Eastern District of Texas (Invitrogen Corporation et al v Evident Technologies In 08cv163). Evident Technologies was also involved in a trademark infringement suit (Evident Technologies Inc v Everstar Merchandise Company LTD et al 08cv10230) in the US District Court for the Southern District of New York, which was dismissed with prejudice and with each party having to bare the cost of counsel. The cost of the cases and a lack of clients are, presumably, the reason that Evident’s monthly income was $10,000 while monthly expenses added up to $200,000 a month. No business can last for long bleeding cash like that.

Evident Technologies has arranged DIP financing of either 2.7 million or 1.35 million (the article in the Albany Business Review gives the 2.7 million figure, while the press …