X Direct Inc., the brand behind X WING bicycle seats, is the only U.S.-based patent licensee of a U.S. Design Patent and co-patentee of multiple pending Utility Patent Applications for the X WING bicycle seat. An infringement lawsuit against fraudulent Amazon sellers of the patented design has been filed and a temporary restraining order (TRO) against those infringing sellers has been granted.
In the last two years, the patented wing shape bicycle seat has been copied by over 28 companies and sellers. Many of them are currently selling online, despite receiving formal cease and desist legal letters. One California-based company/defendant signed the settlement agreement and withdrew its listing from Amazon last year; however, many companies are based outside of the United States, making legal action difficult. Although malicious retaliation such as committing fabricate bad reviews to the on sale products of the patentee and its subsidiary entities occurs often and causes outrageous damages, it is a strong errand to the company to maintain the market order of healthy competition, promote innovative product development for the consumers and protect the intellectual property rights that the company would persist in taking necessary legal actions against the wrongdoing infringers.
In 2020, the patentee reported the infringement activity to Amazon; however, Amazon only took action to protect utility patents. The lack of protection for design patent right allowed the copycats to continue their infringement unabated. Currently, Amazon has updated its policy to protect against design patent infringement. While this change comes considerably late for the patentee, it is a positive step for Amazon and significantly helps to protect the U.S. Intellectual Property Right values.
A design patent is a type of intellectual property that protects the ornamental design of an object. Design patent is used to protect the unique appearance of product, and it can be applied to a wide range of objects, including furniture, vehicles, toys and other consumer products. Design patent offers several advantages for businesses and individual inventors, including the exclusive right for making, using and selling any subject covered by the claim of the design patent and the enforcement right before the court against the infringers for damages and injunctions.
In response to the design patent infringement lawsuit filed against infringers of the wing shape bicycle seat design patent, the court has issued an order on plaintiff's Ex Parte motion for an order authorizing alternative service of the Summonses on defendants via e-mail and website publication. This further supports Amazon's policy to protect its consumers against design patent infringement, including foreign infringers.
"We are pleased to report that a TRO (Temporary Restraining Order) has been issued by the court, and we will be sending the formal legal letter and TRO to Amazon shortly. This will force the copycats to withdraw their listing, and Amazon is allowed to freeze their account as well," said a spokesperson for X Direct Inc. "We are currently working on the official emails for the legal court response notice. We will be serving the complaint and TRO via emails to all the defendants shortly."
X WING is a leading brand in bike seats, with over 25 years of experience in production and product research and development. They are dedicated to providing the right seat for people to enjoy better riding. Their seats are designed to provide maximum comfort and support, while their innovative R&D department is constantly working to improve their products.
Source : prnewswire.com