Behind-Head Earmuff Design Trade Dress Is Invalid, Lawsuit Says

A trademark registration covering the design of 180s USA LLC’s behind-the-head earmuffs used to push Chinese competition off Amazon is invalid, a lawsuit filed in New York federal court said.

180s fraudulently registered trade dress that impermissibly protects a generic and functional design—one 180s even patented—Sunny Power Trading Hong Kong Ltd. told the US District Court for the Southern District of New York. The Monday complaint seeking a declaratory judgment invalidating the registration said 180s uses the registration to get Sunny Power products sold under the brand METOG Apparel pulled from Amazon.com Inc.‘s platform.

The suit argues that if ...