Ames True Temper (plaintiff) recorded a patent suit against G-Force Brands (defendant) for patent infringement on Thursday, September 6, 2012 in the U.S Middle District Court of Pennsylvania (case no. 1:12-cv-01775).
The plaintiff is in the business of manufacturing and marketing non-powered landscaping products. The patent involved in this suit is assigned to JP Morgan (source: Maxval’s Assignment Database*) and Ames is the exclusive licensee of the patent USD408955 with rights to enforce the patent and sue infringers. The patent titled ‘Wheelbarrow Leg Extension’ was issued on April 27, 1999. Griffon currently owns Ames, with the acquisition partially financed by J.P. Morgan Securities LLC.
According to the complaint, since 1969 Ames has been marketing their product ‘Jackson’ wheelbarrow with its distinctive color ‘blue’ on the tray. Ames advertises the product as ‘Home of the Blue Wheelbarrow’ and the blue color distinguishes their product. On September 11, 2007, Ames registered its distinctive color blue as a trademark with USPTO.
Plaintiff has filed suit against the defendant for the product ‘G-Force Pro’ wheelbarrow which is also blue in color, and is incorporated by the ornamental design for ‘Wheelbarrow Leg Extension’ that is covered by the patent USD408955.
Plaintiff has filed similar suit against Corona Clipper which was closed on 16 Aug 2012 due to voluntary dismissal by both parties.
*MaxVal offers Patent Assignment Alert service where subscribers receive email alerts when assignments relating to target applications, patents or entities of interest are recorded