Yupoong, Inc. has filed a patent infringement lawsuit in the United States District Court for the Central District of California against H & C Headwear Inc. of Carson, California, which does business in the United States under the name KC Caps.
H & C Headwear and KC Caps recently announced in the United States a new line of baseball caps known as “NU-FIT” caps. In the lawsuit filed on February 14, 2003,Yupoong alleges that the NU-FIT caps infringe its U.S. Patent No. 5,715,540 entitled “Free-Size Cap”.
Yupoong manufacturers FLEXFIT(r) caps, which it introduced to the world-wide market for headwear in 1998. Following its launch, the FLEXFIT cap line has become enormously successful in the United States and elsewhere and is recognized as a leading product in the Action Sports market. The popularity of the Flexfit cap design features covered by the 540 Patent. The Patented multi – size design features allow a single size of the FLEXFIT cap to accommodate a wide variety of hat sizes while maintaining the appearance of a traditional fitted cap.
In its complaint, Yupoong seeks damages for H & C’s infringement, an injunctionagainst sales of NU-FIT caps in the United States, and a recall of all infringement caps shipped to distributors and retailers. The lawsuit docket No. CV03-1098 was filed in Los Angeles, California and has been assigned to District Judge Stephen V. Wilson.