WASHINGTON — The U.S. International Trade Commission said it is initiating an investigation into a patent infringement complaint regarding laser-abraded denim technology aimed at 17 U.S. and European brands and retailers.
The ITC investigation is based on a complaint filed by RevoLaze LLC and TechnoLines LLC last month alleging that 17 companies, including Levi Strauss & Co., VF Corp., Guess Inc., Gap Inc., Abercrombie & Fitch Co. and American Eagle Outfitters Inc., have violated section 337 of the Tariff Act of 1930 in the importation into the U.S. and sale of certain laser-abraded denim garments that they said infringe their patents.
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RevoLaze, a Westlake, Ohio-based laser-technology firm, is requesting the ITC impose what is known as a “general exclusion order” that directs U.S. Customs and Border Protection to stop all of the allegedly infringing imports from entering the U.S. It also seeks a limited exclusion order or cease-and-desist orders from importing the products into the U.S.
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“We want companies that are using RevoLaze’s patented technology to do so legally,” said Darryl Costin, chief executive officer of RevoLaze. “That is why we asked the ITC to provide us protection. By the ITC moving forward with the investigation, it signals to us that we’re one step closer to making that happen. We are hoping for speedy relief from the ITC so we can stop the unauthorized and infringing imports from entering the country.”
RevoLaze claims to hold 29 worldwide patents for laser-inscribing methods that apply graphics and patterns on a variety of materials. The company claims that a significant portion of its intellectual property uses the laser-scribing technology for fabrics such as denim. Used in distressed denim jeans, the technology is an alternative to controversial sandblasting and costly washing processes.
It is asserting that the 17 brands and retailers are violating six technology patents covering several denim products. The company also has filed lawsuits in U.S. District Court against each company named in the ITC case. Other companies cited in the complaint include Diesel SpA of Italy, Eddie Bauer LLC, Hennes & Mauritz AB, Roberto Cavalli, The Buckle Inc., Koos Manufacturing Inc., Lucky Brand Dungarees Inc., BBC Apparel Group LLC, Gotham Licensing Corp. and Fashion Box Group SpA.
Four of the industry’s largest trade groups, representing many of the companies named in the complaint, pressed the ITC in joint written comments not to initiate an investigation.
Executives from the American Apparel & Footwear Association, U.S. Fashion Industry Association, National Retail Federation and Retail Industry Leaders Association argued the complaint wrongly targets the 17 brands and retailers named in the complaint, that it could thwart the move toward safer manufacturing processes and would have an adverse impact on the apparel and retail industries.
The ITC said an administrative law judge will conduct the investigation and hold a hearing on the complaint. The judge will then make an initial determination on whether there has been a violation of the statute, which is then subject to review by the full commission. The ITC also said it will make a final determination within 45 days after institution of the investigation.