American Eagle settles jean patent dispute at ITC
Clothing retailer American Eagle Outfitters has reportedly settled a dispute with a company that accused it of infringing patented technology for making jeans, ending an investigation by the US International Trade Commission (ITC).
According to a motion filed with the ITC, the retailer has agreed to settle its dispute with US-based RevoLaze.
American Eagle was one of 17 companies accused of allegedly infringing a patent related to laser scribing methods used to make graphics and patterns on clothes.
According to fashion news website just-style, the motion for a settlement will still need to be approved by an administrative law judge at the ITC.
American Eagle did not respond to WIPR’s request for comment at the time of publication but we will update the story should the company get in touch.
In the section 337 complaint, filed in August last year, RevoLaze said it had 29 worldwide patents for the laser technology methods including a process used to create the worn or faded look commonly seen on jeans.
The original technique to create the look, known as “sandblasting”, has been associated with a lung disease called silicosis, RevoLaze claimed.
In a statement at the time of the complaint RevoLaze’s chief executive Darryl Costin said the company “through the use of its laser systems, can offer its patented laser abrading technology to solve this catastrophic health problem”.
But Costin said that it suspected companies had been using its patented technology without a licence.
“There are companies out there who looked at our technology in the past, and are now selling jeans manufactured with the laser abrasion processes. We’re asking the ITC to provide us protection,” he said.
The ITC accepted the request for an investigation in September last year.
The 17 companies targeted were: Abercrombie & Fitch, American Eagle Outfitters, BlankNYC, The Buckle, Buffalo David Bitton, Diesel, Eddie Bauer LLC, Gap, Guess?, H&M, Roberto Cavalli, Koos Manufacturing, Big Star, Levi Strauss, Lucky Brand Dungarees, Fashion Box and VF Corp.
So far, Levi Strauss, VF Corp and Eddie Bauer have also settled.
