Defendants found guilty of willful infringement
BEAUMONT, TX, May 4, 2016. Kryptek Outdoor Group, LLC, a cutting-edge camouflage and apparel solutions company founded by U.S. Army veterans, today announced that the United States District Court for the Eastern District of Texas has rendered a Final Judgment and Permanent Injunction against Defendants Salt Armour, Inc., Alpha Defense, Inc. and Thomas J. DeSernia for infringement of Kryptek’s intellectual property, resolving a lawsuit filed by Kryptek on September 9, 2015.
Kryptek filed the lawsuit after Defendants ignored Kryptek’s multiple requests to cease and desist brazenly creating, offering for sale, and selling counterfeit copies of Kryptek’s camouflage patterns and products in an attempt to capitalize on the uniqueness and popularity the Kryptek patterns. Kryptek developed and released its innovative patterns and products in connection with the U.S. Army Camouflage Improvement Effort begun in 2011. Defendants further falsely claimed on their websites that the counterfeited patterns were their exclusive creations and tried to conceal their true origin by renaming them.
The Court’s Final Judgment and Permanent Injunction of March 29, 2016 found that Defendants had infringed on Kryptek’s copyrighted and patented camouflage patterns and willfully infringed on Kryptek’s trademarks, and ordered Defendants to pay One Million, Seventy-Five Thousand Dollars ($1,075,000.00) as damages for the infringement, plus attorneys’ fees and costs of court. The Court also permanently enjoined Defendants from further infringing activities.
“Blatant attempts to misappropriate and capitalize on others’ innovative creations do not garner a lot of respect in my book,” said Butch Whiting, CEO/Co-founder of Kryptek. “We are pleased that the Court put a stop to this and is holding the Defendants accountable for their actions. We also hope this judgment sends a clear signal of our intentions to vigorously defend against further theft of our creations moving forward, both domestically and abroad.”
The case is Kryptek Outdoor Group, LLC v. Salt Armour, Inc., Alpha Defense, Inc., and Thomas J. De Sernia, case number 1:15-cv-00348-RC, in the United States District Court for the Eastern District of Texas, Beaumont Division. Kryptek is represented by Stewart Mesher and Darlene Ghavimi of Conley Rose P.C.