180s Wins Preliminary Injunction Against Retail Giant J.C. Penney and Drew Pearson Marketing

Business Wire, Nov 15, 2004

BALTIMORE -- Innovative Performance Wear Maker Continues Aggressive Enforcement of Its Intellectual Property Rights

180s(TM), the Baltimore-based maker of innovative performance wear, announced today that a Federal judge in Baltimore has issued a preliminary injunction on behalf of 180s against national retailer J.C. Penney Company Inc., J.C. Penney Corporation Inc. (collectively "J.C. Penney") and Drew Pearson Marketing, Inc. ("Drew Pearson"), a business-to-business wholesale commerce distributor with offices in Minnesota and in Texas.

180s requested the order because of alleged infringement of two of 180s' patents relating to wrap-behind-the-head(TM) ear warmer products. 180s sought to immediately stop J.C. Penney and Drew Pearson from selling an ear warmer called "Ear Wrap(TM) by Free Country(R)."

The preliminary injunction prohibits further sales of the accused product until the trial on the merits.

On September 17, 2004, 180s filed a federal lawsuit against J.C. Penney, Drew Pearson and Free Country, Ltd. for infringement of United States Patent Nos. 6,502,247 (the '247 patent) and 6,735,784 (the '784 patent). The suit also includes claims of trade dress infringement, unfair competition, false advertising and civil conspiracy. New York-based Free Country, Ltd. distributes products under its "Free Country" brand to a variety of retailers in the United States, Canada, Europe and Japan.

The suit also alleges that the actions of J.C. Penney and Drew Pearson were willful and requests that the court award 180s enhanced damages and its attorney's fees and costs.

180s, according to the suit, recently learned that J.C. Penney had begun selling the Ear Wrap product. J.C. Penney is a former customer of 180s and had sold 180s ear warmers for two years. The suit states that as a former customer, J.C. Penney was aware of 180s' intellectual property rights relating to wrap-behind-the-head ear warmers, and that 180s specifically notified J.C. Penney in writing of 180s' ear warmer patents. Even so, the suit alleges, J.C. Penney and Drew Pearson chose to market and sell the accused Ear Wrap product. In granting the preliminary injunction, the Court ruled that 180s is likely to succeed on the merits of its patent infringement claims.

"Earlier this year, 180s put its past customers and its current and potential retailer partners on notice of its intellectual property portfolio and indicated how vigorously 180s enforces these rights," said Timothy A. Hodge, Jr., chief legal officer for 180s. "180s has more than 80 patents and pending-patent applications on various products. We are committed to supporting our loyal customers by aggressively enforcing our intellectual property rights in the upcoming selling season and beyond."

About 180s (one eighties) (www.180s.com)

180s is a maker of innovative performance wear and one of the fastest growing private companies in the United States, according to Inc. Magazine. All 180s products - 180s wrap-behind-the-head(TM) Ear Warmers, 180s ExoLite(TM), 180s Gloves with the Exhale Heating System(TM) and 180s Eyegear with the Pivot Guard System(TM) - are created with patented or patent-pending, leading-edge technologies. 180s has more than 80 patents and patents-pending in the United States and abroad. Last year, the company posted record sales of more than $45 million. Fortune Magazine named the 180s Glove with the Exhale Heating System one of the six best outdoor products of the year in its December 2003 issue. 180s' products are carried in more than 12,000 retail outlets worldwide including numerous running, skiing and cycling specialty stores, as well as national outlets REI, The Sports Authority and Dick's Sporting Goods. 180s currently employs more than 100 professionals around the world, including in the Performance Lab, its international headquarters in Baltimore, Maryland.

The 180s, 180s (and design), Exhale Heating System, ExoLite, Pivot Guard System and wrap-behind-the-head designations are trademarks of 180s, Inc. in the U.S. and/or other countries, each of which is licensed to 180s, LLC. All other company and product names mentioned above are trade names and/or trademarks of their respective owners.