On June 18, 2014, Python Safety, Inc. (“Python”), of Woodstock, GA filed a complaint against Ty-Flot, Inc. (“Ty-Flot”), of Manchester, NH, alleging federal trade dress infringement and unfair competition, infringement of US Patent No. 8,646,768, violation of Georgia Deceptive Trade Practices, Georgia statutory and common law unfair competition, and Georgia common law trade dress infringement and unjust enrichment.

Python Safety sells a variety of products relating to drop prevention solutions including items such as hard hat tethers, single tool holsters, safe buckets and dual tool holsters.  Examples of these products are depicted below.  According to the complaint, Python Safety has developed an inherently distinctive trade dress for its products which is essential to its business and to customers’ identification of Python Safety as the source of the products and includes a particular appearance and color contrast.

Python is also the owner by assignment of US Patent No. 8,646,768 (the ‘768 patent) which was filed on March 16, 2010, claimed priority to a provisional application filed on March 16, 2009, and issued on February 11, 2014.  The ‘768 Patent describes a novel quick spin holder for tools and accessories. Additionally, the ‘768 Patent describes methods for using the novel holder. Figure 1 of the ‘768 Patent is reproduced to the right.

According to the complaint, Ty-Flot sells tool holders which infringe one or more claims of the ‘768 patent under its Grip-Fit line. An example of a Grip-Fit holder (“Accused Product”) is shown to the left.  Still according to the complaint, Ty-Flot’s Grip-Fit line also comes in six sizes, two of which have the exact diameter and four of which have a diameter approximately within a tenth of an inch of Python Safety’s products.  Accordingly, Python alleges that the case is an “exceptional case” pursuant to 35 U.S.C. § 285 because of “excessive copying.”