Digital Concealment Systems, makers of the A-TACS line of camouflage has filed suit against Canada-based Hyperstealth Biotechnology Corp in Georgia Middle District Court. It seems to be a peremptory move by DCS after receiving a cease and desist letter from Hyperstealth’s attorney regarding the new FG variant of A-TACS alleging that it is a virtual duplication of several of HyperStealth’s patterns including Ghostex Alpha and Delta, SpecAM, SOPAT, Eurospec, and CAMOPAT which have been public since 2005. Conversely, DCS asserts that their pattern was developed using different methods than those used by Hyperstealth and that A-TACS uses rounded shapes rather than straight, rigid pixilated shapes and contains far different repeat patterns.
Specifically, DCS is seeking judicial declaration of their use of the A-TACS Camo pattern and a ruling that A-TACS FG pattern does not infringe on HyperStealth’s designs.
Digital Concealment Systems v. HyperStealth Biotechnology Corp.
I’ve looked at the various patterns and I don’t see it but Hyperstealth must have felt they had good reason to send the cease and desist letter in the first place. Generally, these things don’t make it to trial and some sort of accommodation is reached. Hopefully, these two firms will as well.
Predator Intelligence has some great coverage of the issue including the exhibits that show the patterns in question.
