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Optimer Performance & 180s settle lawsuit
11
Oct '08
Optimer Performance Fibers Inc. announced that 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, USA 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 Dri-release and FreshGuard trademarks.

180s, once authorised 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 labelling errors on its work wear shirts made at the licensed factory.

“Dri-release 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 Dri-release,” says Optimer's Managing Director of Operations, Beth Moore.

Optimer Performance Fibers, a division of Optimer Inc., a Sterling Capital Partners company, is based in Wilmington, DE, USA. Founded in 2001, OPF conducts textile research, development and marketing and has a scientific staff credited with over 100 patents and developments.

Dri-release is a registered trademark of Optimer Performance Fibers. It is a patented, intimate blend of synthetic (hydrophobic) and natural (hydrophilic) fibres that accelerates the water release rate of wet fabric.

Rather than spreading the moisture across the surface of the fabric, Dri-release actually pushes it to the outside of a garment, releasing water and perspiration faster than any other performance fabric on the market.

FreshGuard is a registered trademark of Optimer Performance Fibers. It is an odour neutraliser embedded in all Dri-release fabrics. Not an anti-microbial or anti-bacterial, which attack bacteria that possess positive functions, FreshGuard is friendly to the environment.

Optimer Performance Fibers Inc

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