zippo-lighter-flame-slider
19 December 2016Patents

Zippo takes on website in patent and TM claim

Lighter manufacturer Zippo has taken on China-based company Lightinthebox in a patent and trademark infringement claim.

In a lawsuit filed at the US District Court for the Northern District of California on Wednesday, December 14, Zippo alleged that the company had infringed by selling lighters through its websites  www.lightinthebox.com and  www.miniinthebox.com.

Zippo owns US patent number 6,247,920, called “liquid fuel lighter with fit-up rib”, and trademark registrations for the ‘Zippo’ word and design.

It also owns trademark registrations covering the lighter's 3D shape and its trade dress.

Lightinthebox has allegedly sold two types of products that infringe. The first are “out-and-out counterfeits” of the Zippo lighter, while the second use the Zippo lighter's “protected shape”.

“Iconic personal items are often the subject of rampant counterfeiting by those who would rather profit unfairly off the investment and sweat equity of others rather than innovate themselves,” said the suit.

Zippo said that it had tried “on an amicable basis” to resolve the infringement and had sent a cease-and-desist letter in June.

“Lightinthebox ignored the letter and its warning, compelling plaintiffs to bring this action to protect their rights,” said the suit.

Zippo is seeking injunctive relief, an account of profits, triple damages, and a jury trial.

Already registered?

Login to your account

To request a FREE 2-week trial subscription, please signup.
NOTE - this can take up to 48hrs to be approved.

Two Weeks Free Trial

For multi-user price options, or to check if your company has an existing subscription that we can add you to for FREE, please email Adrian Tapping at atapping@newtonmedia.co.uk