In October, 2001, Second Chance Body Armor, Inc., filed suit in Federal Court against First Choice Armor & Equipment, Inc. of Brockton Massachusetts to protect two of its patents and an important trademark. Second Chance sued First Choice for both patent and trademark infringement after First Choice failed to heed a cease and desist warning from Second Chance.
When the case was initiated, Mr. Paul Banducci, Second Chance’'s General Manager, noted that the company has a firm policy of vigorously protecting its intellectual property rights. He also emphasized that the company would not hesitate to use litigation against infringers who ignore fair warning.
Concerning the patent violations, Second Chance charged that the First Choice Millenium Flex 2000 vests infringed on United States Patent Numbers 6,195,798 and 5,471,906 owned by Second Chance. Additionally, Second Chance charged that First Choice’'s Millennium Tri-Flex product violated Second Chance’'s Tri-Flex trademark, created market confusion and constituted unfair competition.
The litigation between Second Chance and First Choice recently settled, when the court accepted and signed a Consent Judgment in the matter. Under the Order, First Choice acknowledges the validity of Second Chance’'s patents and prohibits First Choice from further infringement of the patents. First Choice is also prohibited from using, advertising or selling a ballistic armor vest under the Tri-Flex trademark. The Settlement Agreement requires that monetary details of the settlement remain under seal.
Second Chance Body Armor Inc., located in central Lake Michigan is the nation’'s largest manufacturer of wearable concealable body armor for the Law Enforcement and Corrections market.