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July 9, 2008
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Let's Vent: Omaha Inventor Suing Nike Over Patented Cap Design

Omaha-Based Inventor Suing Nike Over
Patented Mesh-Covered Vents Design
Omaha-based inventor Gerald Kellogg has sued Nike for patent infringement, saying that the company "stole his design for a cap -- one with four mesh-covered vents at the top to allow air flow -- and produced it without his permission," according to Maggie O'Brien of the OMAHA WORLD-HERALD.  Kellogg said that he created the cap in '93 by "cutting makeshift air vents into his old baseball caps," and then covering the vents with mesh, which "looked cool and allowed air to pass through." O'Brien reports Kellogg in '97 was granted a patent by the U.S. Patent and Trademark Office for the idea. He then "pitched the cap design to Nike, Reebok, Fila, Adidas and other major sport firms," but they all turned him down. However, Kellogg claims the U.S. men's volleyball team wore Nike-sponsored caps during the '04 Athens Games "identical to the one he designed." Kellogg said that cyclist Lance Armstrong and ATP Tour member Roger Federer also have "promoted the cap." Kellogg: "[Nike] just kind of stole my American dream of going through the process and doing the right thing and getting a patent. They're coming out with all these hats and selling like crazy, and don't reimburse me for my design." Nike denies its cap "infringed on his patent." U.S. District Judge Joseph Bataillon will hear the trial in September (OMAHA WORLD-HERALD, 7/9).


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