Richard S. Dellinger and Jason Miller of Lowndes, Drosdick, Doster, Kantor & Reed, P.A. recently had an article regarding Intellectual Property Law published in The National Law Review:

Do you know of a competitor trying to imitate your product? Rip-It Sporting Goods developed an in-fielder’s mask for baseball and softball. The mask, which is marketed at trade shows, on the internet and nationally through distributors, was allegedly copied by competitor Champro Sports who attempted to sell two versions of a competing mask at a lower price. Champro displayed their masks at trade shows and on its website. Champro also sold and took orders for their masks.

Luckily, Rip-It held a design patent on its mask. On April 19, 2012, the United States District Court for the Middle District of Florida executed a Consented to Permanent Injunction Order prohibiting Champro Sports from making, using, selling or offering for sale the accused mask designs.

Lessons learned:

• Protect your assets – whether your products, your name, your brand identity, even your customer lists.
• Keep an eye on your competition.
• Contact an attorney before the competition tries to copy you, to find out how to protect your assets.

© Lowndes, Drosdick, Doster, Kantor & Reed, PA