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VANCOUVER, B.C. â€“ A Utah judge this week entered judgment in favor of Westcomb in a lawsuit filed Feb. 2, 2007, against the Vancouver-based apparel brand by one of its industry competitors, Arc’Teryx.
Arc’Teryx’s claim, which sought at least $150,000 in damages from the four-year-old Westcomb, was dismissed after the judge found that a zipper design created by Westcomb was entirely different from and did not infringe upon a design patented by Arc’Teryx, as asserted in the suit.
The judge stated that â€œno reasonable jury could find that an ordinary observer â€¦ would be deceived into confusing the design of defendant’s â€¦ jacket with [Arc’Teryx’s] patent.â€
Said Westcomb founder Alan Yiu: â€œThis ruling validates what we’ve said since the start of this whole thing â€“ that Westcomb’s designs are uniquely ours. Now we can get back to pushing the boundaries in outdoor apparel, and putting our resources into developing category-defining products instead of into legal-defense fees.â€
â€œNot that we’ve got anything against lawyers, especially ours,â€ he added. â€œThey look great wearing Westcomb jackets.â€
For more information about Westcomb, visit www.westcomb.com.
Based in Vancouver, B.C., Westcomb uses its â€˜True Form’ design philosophy to create functional, uncomplicated gear of the highest quality workmanship. Each and every Westcomb piece is a product of precision thinking, thoughtful design, extensive development and constant refinement. The company, founded in 2004, partners with the world’s leading material innovators to engineer technically advanced gear constructed with the most cutting-edge materials available â€“ often creating industry â€˜firsts’ in the process. All Westcomb garments are designed and built in Vancouver. This design philosophy and experience has garnered the company international accolades, including a 2008 Backpacker Editors’ Choice Award, four APEX Design Awards from Polartec as well as an ISPO â€˜Brand New’ award.
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