IPG Involved in Patent Lawsuits

Consumer goods company Infinity Product Group of Rogers has found itself in an unenviable position for any company — having to pursue and defend litigation at the same time.

IPG, best known for its trademarked Comfy Critters line of plush toys, is a plaintiff in three separate patent infringement lawsuits — two filed within the last 15 months in New York, and a third, more recent suit filed Feb. 25 in California.

In each complaint, IPG argues that the offending companies — Allstar Products Group LLC, Jay Franco & Sons Inc. in New York and Hoodsbee LLC in California — are illegally making and selling a hoodie and stuffed animal product that competes with the Comfy Critters huggable hooded blanket.

IPG first introduced its product to the market in 2011, and was issued a patent in 2014 covering the creation of a hooded blanket and stuffed toy combination.

The company was founded by president and CEO Doug Keller in 1997, and manufactures and sells headwear, apparel, accessories and novelty products to many of the world’s leading retailers and consumer product companies.

If that weren’t enough to keep the IPG legal team busy, the company was on the receiving end of a lawsuit filed on Feb. 29 by Sorrell Holdings LLC of North Carolina. Sorrell’s claim is that IPG is infringing on Sorrell Holdings’ patent with its MascotWear Mascot Bath Loofahs.

Whispers reached out to IPG for a statement, and the company obliged with the following:

“We take no delight in having to litigate on two fronts as any dispute detracts from our core business of developing and delivering innovative products to consumers. However, we had little choice in either circumstance. 

“In New York, we were forced to protect the integrity of our issued patent, which covers a product we developed from scratch and sell to consumers today. The recent Arkansas suit is very different. While the suit is very new, and we know little about the plaintiff, there certainly is no allegation that the plaintiff actually manufactures or sells anything. Instead, the case simply appears to be what is popularly referred to as a patent troll suit.”

James Burton at Utah law firm Kirton McConkie is representing IPG in its three lawsuits as a plaintiff. Rogers attorney Marshall Ney with Friday, Eldredge & Clark is defending IPG in the Sorrell Holdings suit.