Made in USA Brand, LLC Agrees to Drop Deceptive Certification Claims

A company that provides a “Made in USA” certification seal to marketers has agreed to settle Federal Trade Commission charges that it deceived consumers by allowing companies to use the seal without either independently verifying that those companies’ products were made in the United States, or disclosing that the companies had certified themselves.

The company, Made in USA Brand, LLC, is required under the proposed settlement to stop its deceptive claims.

The Columbus, Ohio-based Made in the USA Brand, LLC charged $250 to $2,000 for a one-year license to use the certification mark, according to the FTC. But the company did not independently evaluate the products before certifying them, and had no procedures to determine whether marketers complied with the FTC’s Made in USA standard, according to the complaint.

Read more HERE.

Federal Trade Commission requirement for labeling of textile and apparel products are complex and cover such areas as:

• country of origin,

• fiber content,

• care labeling, and

• identification manufacturer, importer, or other dealer.

The penalties for mislabeling can be high, in some cases as high as $16,000 per offense (that's per garment!).

David Trumbull, Principal, Agathon Associates, has 20-years experience working with the FTC. Agathon Associates can assist you with LABEL ADVISOR, which offers "Smart guidance for U.S. label compliance: SO SMART, SEW RIGHT." For more information call 202-657-6008 and talk to David.

Darlington announces the hiring of industry veteran David Turk as the textile mill continues to grow

WESTERLY, RHODE ISLAND – July 14, 2014 - The leading warp-knit fabric manufacturer announced the incorporation of David Turk to their sales team. He is an experienced and respected industry veteran that brings more than 30 years of experience in textiles and who possesses strong relationships with key accounts. "I am very proud of the achievements of our current sales team and I am certain that by incorporating David to the team it will help us accelerate and achieve our continued growth and expansion plans as well as to continue exceeding our current customers expectations" said Steve Perry, Senior Vice President of Darlington Fabrics.

From their manufacturing facility located in Rhode Island, Darlington Fabrics services apparel manufacturing companies located in the Americas and is focused on helping them meet the demand for speed-to-market trends and taking advantage of the benefits given by free trade agreements with Central America, Mexico, Peru and Colombia, while also serving Berry Amendment compliant programs. "We are very much aware that our customers not only want to buy the best quality warp knit fabrics, but that they also want and deserve the best service including design, product development, printing capabilities and logistics that will provide them permanent competitive advantages to successfully compete in this globally competitive industry. David's experience, knowledge, focus on finding solutions to customers' needs and most importantly, his leadership and communication skills will help us deliver our value proposition to new markets and segments in America" S. Perry, added.

With this new addition to their already seasoned sales team they expect to increase their market share in the region and to continue transforming their customers' needs into quality warp knit fabrics for the athletic, swimwear, intimate apparel, military and medical apparel industry.

Darlington Fabrics is a division of The Moore Company, founded in 1909 and focused on innovating in performance fabrics and finishes. Sister divisions include The George C, Moore Company, Fulflex, Moeller Marine, Moeller Plastics, and AMER-SIL.

Comment Period Extended for CSI Calendering FTZ Application

On July 18, 2014, the FTZ Board published notice in the Federal Register (79 FR 41959) Foreign-Trade Zone (FTZ) 39--Dallas-Fort Worth, Texas, Application for Production Authority, CSI Calendering, Inc. (Rubber Coated Textile Fabric), Extension of Comment Period on Submission of New Evidence. Comments are due by August 15, 2014.

Sensing the Motion at SPINEXPO New York 2014

Attendees at the 6th edition of SPINEXPO NEW YORK, July 15-17, 2014, got a preview of autumn/winter 2015/2016 knitwear trends, whenit'll all be about Sensing the Motion.

Ring Spun Singles Micro Modal Yarn Removed from CAFTA Short Supply List

On Friday, July 18th, the Committee for the Implementation of Textile Agreements ("CITA") will publish a notice in the Federal Register of its determination to approve a request to to remove certain ring spun single yarns of micro modal fibers, as specified below from Annex 3.25 ("short supply list") of the CAFTA-DR (Item #50). In accordance with CITA’s procedures, the subject yarn will be removed from Annex 3.25 effective 180 days from the date of publication.

As of January 15, 2015, entries of apparel or fabrics containing the subject yarn will not be eligible for duty-free treatment under the CAFTA-DR commercial availability ("short supply") provision.

CPSC Meetings July 22nd Regarding Mattress and Furniture Flammability

Consumer Product Safety Commission Acting Chairman Robert Adler, Chief of Staff Jason Levine and Senior Counsel Sarah Klein meeting with Veena Singla, Staff Scientist and Daniel Rosenberg, Senior Attorney, Natural Resources Defense Council (NRDC) and Dr. Susan Shaw, SUNY Albany School of Public Health and Dr. Ami Zota, George Washington University Department of Environmental and Occupational Health will meet to discuss CPSC’s work on a national flammability standard for upholstered furniture, including information about the observed effects of the mattress flammability standard and to share NRDC’s work on California’s furniture standards and the broad coalition of public health, environmental and firefighter groups engaged in furniture flammability standards as well as health concerns associated with the use of flame retardant chemicals in furniture. The meeting was requested by Avinash Kar, Attorney, NRDC. For additional information contact Ophelia McCardell, (301) 504-7731.

Commissioner Ann Marie Buerkle, Nancy Lowery, Special Assistant, Gib Mullan, Chief Counsel, and Katelyn Costello, Executive Assistant, meeting with Natural Resources Defense Council; Veena Singla, Staff Scientist NRDC; Daniel Rosenberg, Senior Attorney, NRDC; Eve Gartner, Staff Attorney, EarthJustice; Dr. Susan Shaw from SUNY Albany School of Public Health; Dr. Ami Zota from George Washington University Department of Environmental and Occupational Health. The meeting will be to discuss flammability standards and flame retardant chemicals in furniture. The meeting was requested by Avinash Kar. For additional information contact Katelyn Costello, Executive Assistant, (301) 504-7237.

Robert Howell, Deputy Executive Director, Safety Operations; George Borlase, Assistant Executive Director, Office of Hazard Identification and Reduction; Andy Stadnik, Associate executive Director, Laboratory Sciences; Rohit Khanna, Fire Prevention Engineer; Hyun Kim, General Attorney, Office of the General Counsel; and Patricia Pollitzer, Supervisory General Attorney, Office of the General Counsel, will be meeting with representatives of the National Resources Defense Council (NRDC). Representing the NRDC are Veena Singla, Staff Scientist; Daniel Rosenberg, Senior Attorney; and Avinash Kar, Attorney. The NRDC representatives will share information about their work on furniture flammability standards in California and the coalition of public health, environmental, and firefighter groups engaged on the furniture flammability issue. They will also share information about health concerns associated with the use of flame retardant chemicals in furniture. To the extent possible, CPSC staff will discuss the agency’s ongoing work to develop furniture flammability performance standards. The meeting was requested by the NRDC. For additional information contact Robert Howell, (301) 504-7621 or rhowell@cpsc.gov.

Alice Alice …

At the end of its session, the Supreme Court released its opinion about the final patent related case of the year:  Alice Corporation Pty. Ltd. v. CLS Bank International et. al.

The facts of the case are fairly straight forward. 

CLS Bank facilitates currency exchange transactions.  Specifically, CLS Bank acts as an intermediary for currency exchange contracts.  The purpose of this intermediation is to protect against settlement risk, or the risk that a party will pay out the currency they sold, but will not receive the currency it bought.  In short it is the risk that one of the partners will take the money and run.   The idea of the intermediary is that both parties provide their currency to a third party who holds the currency in escrow until the both parties complete their transactions.

This is not a new idea.  In fact, the Supreme Court opinion references a text written in 1896 that describes the concept in detail. 

Alice Corporation received patent 5970479 that patented the concept of a computer program that automated the job of an intermediary.  The patent protected the following algorithm: 

1) Receive contract information input from a first party;

2) Received contract information input from a second party;

3) Link the two inputted contracts together; and then,

4) Close and settle the contracts.

Once Alice Corporation got this patent, they went to town with patents 6912510, 7149720, and 7725375 to bolster this protection from every imaginable angle.

The Supreme Court ruled that the Alice patents were invalid.  The court could have taken the simple route and ruled that applying a generic computer algorithm to a well know procedure is too obvious to get a patent.  Instead they ruled that Alice was ineligible for a patent because it was an abstract idea. 

This ruling goes straight to the heart of what can be patented.  For years, the rule has been that to get a patent the invention must be a process, machine, manufacture, or composition of matter.  The exceptions to this rule are that laws of nature, natural phenomenon and abstract ideas cannot be patented.  While inventions can be based on newly discovered laws of nature, natural phenomenon and abstract ideas, to qualify for a patent they typically have to be applied to or turned into a process, machine, manufacture, or composition of matter.  

The grey area here has been business method and software patents.  In previous decisions, the Supreme Court has ruled that business method and software could, in the right circumstances, be patentable.  With this ruling, the Supreme Court has simply said that in the wrong circumstances business methods and software will not be patentable.  Unfortunately, they left it to the lower courts to figure out what the appropriate circumstances will be. 

 Below is a summary of selected patents that have been recently issued in textile related classification codes:

Stab resistant knit fabric having ballistic resistance made with layered modified knit structure and soft body armor construction containing the same:  A dual layer knit construction for use in body armor.  Patent 8671462.  Inventors:  Garcia and Kolmes.  Assignee:  Kolmes.

Protective glove:  A glove used by motorcycle riders designed with reinforcements to protect hands in the event of an accident.  Patent 8671463.  Inventor:  Hawkes.  Assignee:  Planet Knox Limited.

Temperature regulating garment:  A warm-up jacket designed to be worn over scrubs in a hospital operating room by people not scrubbed in.  The jacket has panels that allow temperature regulation for the wearer.  Patent:  8671464.  Inventor:  Silverberg.  Not Assigned.

Shading composition:  A whitening agent for use in laundry that reduced residual accumulation of the agent on cottons when used applied to cotton blends.  Patent 8673024.  Inventor:  Batchelor, et.al.  Assignee:  Conopco Inc.

Production of and drying of copolymer fibers:  A continuous process method for drying (reducing water) the copolymerization of para-phenylenediamine, 5(6)-amino-2-(p-aminophenyl)benzimidazole; and terephthaloyl dichloride.  The process is less damaging to the fiber than existing technology.  Patent:  8671524.  Inventors:  Allen and Newton.  Assignee:  E I Du Pont De Nemours And Company.

Shoe cover:   A shoe cover having a covering sized to receive a shoe and a sole coupled to the covering. In one example embodiment, the covering is made of an elastic material and the sole includes a serrated edge for expanding a perimeter portion of the sole.  Patent:  8671588.  Hampton.  Assignee:  Freakwear, LLC

Shoe sole having forwardly and rearwardly facing protrusions:  A shoe sole designed with opposing protrusions intended to increase foot stability for the wearer.  Patent 8671589.  Inventor: Bond and Keating.  Assignee:  K-Swiss Inc.

Shoe stability layer apparatus and method:  A footpad mounted into a shoe on top of the sole.  The footpad is fitted with anchors that mount into the sole to improve stability for the wearer.  Patent: 8671590.  Inventor:  Rasmussen and Taylor.  Assignee:  Nelwood Corporation.

Massaging footwear:  A footwear article that has an insert pad filled with loose particulate material which is configured within the pad to provide the feeling of walking on a sandy beach and with the same massage affect to the foot as walking on a sandy beach. The pad is particularly configured to prevent the loose particulate material inside of it from flowing to the sides of the pad and destroying the massaging affect.  Patent:  8671591.  Inventor:  Brown.  Assignee:  Brownmed Inc.

Jim Carson is a principal of RB Consulting, Inc. and a registered patent agent.  He has over 30 years of experience across multiple industries including the biotechnology, textile, computer, telecommunications, and energy sectors.  RB Consulting, Inc. specializes in providing management, prototyping, and regulatory services to small and start-up businesses.  He can be reached via email at James.Carson.Jr@gmail.com or by phone at (803) 792-2183.