Lycra Deploys ‘All Available Means’ to Chase Down IP Infringers
Nearly a year-and-a-half after settling a trademark infringement suit, Lycra launched a new intellectual property enforcement initiative to protect its FitSense technology.
The technology is an aqueous dispersion of Lycra’s branded polymer, which can be printed onto fabrics and garments to add shaping and compression benefits. FitSense is primarily used in garments such as shape wear, activewear, swimsuits, leggings and intimate apparel. It allows lightweight single-layer printed fabrics the same benefits of double-layer or heavier fabrics, resulting in fewer materials being used.
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“As the benefits of Lycra FitSense technology are significant, we are beginning to see products that are attempting to replicate our offering,” said Vincent Hu, vice president of Asia, apparel, and president of the APAC region. “Given our ownership of the intellectual property for this unique technology, it is appropriate that we exercise our rights to take the necessary legal action to deal with infringers.”
Lycra has a global patent portfolio related to print technologies that modify garments for shaping purposes by altering the stress-strain properties of fabrics. The company’s patents cover the use of aqueous polyurethane dispersions such as FitSense, as well as the composition of the formula, production method, application and benefits.
“This means that producing in, or shipping and/or selling any fabric or garments into China, the U.S.A., or other countries where The Lycra Company holds patents over these technologies, is restricted to The Lycra Company and its customers or other legitimate users of its technology,” said Catherine Spicer, chief legal officer of The Lycra Company. “We have recently engaged expert legal counsel based in Shanghai to identify infringers of Lycra FitSense technology. We intend to use all available means to deal with those who infringe upon our patents and intellectual property.”
Lycra’s new IP enforcement initiative builds on the lawsuit the company settled in 2022 against four companies in China found to be infringing on its dual core patents for denim. In October 2021, the Chinese National Intellectual Property Administration issued a formal decision in support of the Lycra Company for its dual core and multi-core patents for denim against third parties in China.
The Lycra Company actively searches online marketplaces to find fabric and garments attempting to capitalize on the brand’s name despite its products not being used. The company holds more than 950 patents with nearly 80 granted or filed in 2022.
