Bern Sues Burton, Vans, Amer Sports Over Brims

by The Editors on December 29, 2011

Bern Brimbattle

On December 20, 2011 Duxbury, Massachusetts based helmet manufacturer Bern Unlimited, Inc. filed patent infringement lawsuits against Burton Snowboards, Vans, and Salomon parent company Amer Sports, according to documents filed with the United States District Court District of Massachusetts.

The suits claim that all three companies continue to manufacture products that infringe patent (US D572,865 S) for a helmet with a small brim. The helmets Bern claims are infringing include the Red Mutiny, the Vans Pro-Tec Riot and the Salomon Ghost and Brigade Audio.

In their “Prayer For Relief” Bern lawyers from the Boston, Massachusetts firm Birnbaum & Godkin are requesting that Burton, Vans, and Amer Sports enjoin from further infringement and that Bern Unlimited, Inc. be awarded “damages in an amount to be proven at trial” and “multiple damages, costs and attorneys fees.”

The patent, awarded to Jonathan Baker of Thornton, New Hampshire on July 8, 2008, shows a helmet that looks much like a batting helmet with no ear covers and a shorter brim. It will be interesting to see if lawsuits based on helmet brim length do in court.

For a full view of the patent (and the lawsuit filed against) follow the jump.Brim Patent
The patent
Bernvburton All
The suit against Burton is exactly the same as those against Vans, and Amer Sports with the exception of the names of the infringing helmets.

{ 11 comments… read them below or add one }

VTSP December 29, 2011 at 10:07 am

funny because Bern stole the design from Capix!

sf December 29, 2011 at 11:37 am

Capix was the first brand in the action sports industry to offer a helmet with a brim, but Jonathan & Bern know that. Right guys?

wee December 29, 2011 at 1:30 pm

Someone give Milberry a royalty check now

Kirk December 29, 2011 at 5:03 pm

he’s right. my buddy rocked capix years before bern made brims. Capix should have made the copyright. That, or whatever baseball helmet company actually made them first.

markfitzy December 29, 2011 at 9:46 pm

NO! Vans? Imagine that!

Based God December 30, 2011 at 12:00 am

Don’t kayaking helmets have small brims? I swear I’ve seen kayakers use brims for years!

I must read gooder January 3, 2012 at 3:46 pm

You guys commenting about Capix having a brim first OBVIOUSLY need to wear a helmet at all times. The Bern Patent clearly states “with a small brim”. The brims on Capix are retardedly huge

john January 5, 2012 at 12:52 pm

Capix is an OEM catchers helmet, for real. Bern is the original visor lid, and they patented it, and the big guys stole it, classic story of the little guy innovating and getting screwed by corporate America.

john January 5, 2012 at 1:02 pm

just look at the pictures, it is pretty obvious how bad they were copied

dirt January 5, 2012 at 2:31 pm

use the brim to scrape the mud out of your vag holes!

Sweets Shredmore January 5, 2012 at 5:18 pm

Folks…. let’s be clear. It’s about ‘who’ patented the idea, and who ‘owns’ the rights to it vs. those who don’t. Who friggin cares who formulated the first batch of something similar to Coke Cola… It’s the folks who had the business acumen and wherewithall to patent the idea who have rights to it. Good luck to Bern Unlimited in thier efforts to protect what they rightfully own.

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