Helmet House, Inc., one of the nation’s largest powersports apparel distributors and manufacturers, announced settlement of its patent and trademark litigation against RPM Gear, Inc. – doing business as Olympia Moto Sports. Helmet House also announced that RPM Gear was granted a multi-year license of its Aqua-Barrier patented hooded collar technology for particular RPM Gear products, as part of the settlement of the litigation (United States Patent Nos. 8,156,573 and 7,779,485), and that RPM Gear will phase out its use of Helmet House’s Aqua-Barrier trademark.
The litigation centered on RPM Gear’s use of Helmet House’s patented Aqua-Barrier technology, that was developed and patented by Helmet House for use in Tour Master and Cortech branded motorcycle jackets and suits. The Aqua-Barrier hood system is a flexible, high-performance waterproof hood for keeping rainwater from running down the rider’s neck at speed.
Helmet House was represented in the matter by Rod S. Berman, head of the Intellectual Property Department of Jeffer Mangels Butler & Mitchell LLP of Los Angeles, who said “Helmet House’s broad patent and trademark rights enable it to protect its market share and helps eliminate consumer confusion.”
“As in any highly competitive market, protection of intellectual property is vital and Helmet House is pleased that this settlement was reached amicably with RPM Gear,” said Bob Miller, president and co-founder of Helmet House.
“Helmet House takes its product development and R&D functions very seriously, so we are satisfied with this positive outcome,” added Mark Gandy, vice president, director of products for Helmet House.
In granting the patent license, Helmet House is allowing RPM Gear to use Helmet House’s patented technology, which both parties felt was the best solution.