A Hudson Valley company that licenses the Bullitt ”“ a sculptured, rakish motorcycle helmet ”“ is suing a manufacturer for $15 million for allegedly making knockoffs.
Cardinal Motors Inc., of Saugerties, claims that H&H Sports Protection USA Inc., Pasadena, California, violated its design patent and trade dress rights in a complaint filed last month in U.S. District Court, White Plains.
The form and overall appearance of H&H”™s Torc T-1, the complaint states, are “confusingly similar to the Bullitt.”
Brooklyn designer Chad Hodge designed the Bullitt around 2011 for Bell Sports Inc., according to the complaint, and assigned his patent rights to Cardinal in 2013.
The name of the helmet has nothing to do with motorcycles or helmets. Hodge said in a 2013 interview that he was inspired by “Bullitt,” the 1968 movie that starred Steve McQueen and featured a sensational car chase.
Cardinal claims that the helmet is notable for its large eye port, distinctive silhouette and thin chin bar.
But the Torc T-1, Cardinal alleges, mimics numerous Bullitt design elements, such as rivets that secure the inside chinstrap; a metallic reflective border on the bottom edge; decorative roundhead slotted screws and oversized washers that secure the visor, leather overlay at the top front opening.
Measurements of the front openings are almost identical, Cardinal claims, and even the features inside the helmet imitate the Bullitt. The internal cheek pads are made of a diamond-perforated, pseudo-suede brown material, for example, and neck cushion holders are similarly finished with mesh fabric and lined with leather.
Cardinal claims that such similarities violate its design patent and trade dress rights.
Design patents protect the appearances of products, such as ornamental features, but not the functionality.
Trade dress is a type of trademark that also protects distinctive designs, but has more to do with how the overall appearance of a product creates a look or a feel that consumers recognize and associate with the maker.
Cardinal accuses H&H of design patent infringement, trade dress infringement and unfair competition.
H&H did not respond to an email message asking for its side of the story.
Cardinal is demanding treble damages ”“ three times the $5 million it claims the Torc T-1 has cost it in profits and royalty income.
It is also asking the court to stop H&H from infringing on its rights; make H&H recall helmets that have been distributed; and order the destruction of all packaging, advertisements and means of manufacturing the helmets.
Cardinal is represented by Norwalk, Connecticut attorney Anthony H. Handal.
