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14 August 2014Patents

Gap and Levi Strauss embroiled in patent claim

Fashion brand Levi Strauss and retailers Gap and VF Corp have come under fire after being accused of infringing patented technology used to provide a faded effect commonly used on jeans.

In separate lawsuits filed at the US District Court for the Northern District of Texas, the retailers are accused of infringing the technology “without authority consent or a license”.

The claims centre on US patent 5,567,207, described as a “method for marking and fading textiles with lasers.”

The owner and plaintiff is Icon Laser Solutions, described in the complaint as a “limited liability company” based in Fort Worth, Texas.

According to the complaint, the patent—which it was granted in 1996—“relates to the use of a laser to colour fade and selectively alter textile materials in an environmentally friendly manner”.

Gap products including its Faded Jeans, Skinny Jeans and Old Navy Famous Jeans have been singled out as among the infringing items, as well as various items produced by Levi Strauss and VF Corp.

The lawsuits were filed separately over the last month, with the most recent, accusing Levi Strauss, filed on Tuesday (August 12).

“Defendant will continue its infringement of the patent-in-suit unless enjoined by the court,” the complaints allege.

“Defendant’s infringing conduct has caused plaintiff irreparable harm and will continue to cause such harm …”

Icon has demanded a trial by jury and monetary damages but has not demanded an injunction barring use of the technology.

California-based Gap and Levi Strauss are famed for their line of fashion items, including their signature jeans. VF Corp, also famed for its jeans, was founded in Pennsylvania in 1899.

None of the companies responded immediately to requests for comment on the lawsuits.

Icon is being represented in the case by Texas-based law firm Friedman, Suder & Cooke.

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