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Smith and Koroyd further stated that WaveCel “was developed specifically to compete with Koroyd and marketed so as to draft off of plaintiffs’ years of combined efforts in blazing a path of innovation in the helmet industry.” “Success Is Threatened by Infringement” Smith and Koroyd claimed that Burton “began selling ski and snowboard helmets under its Anon brand incorporating plaintiffs’ patented technology in direct competition with the patented Smith-Koroyd helmets and over plaintiffs’ objections.” They went on to accuse Burton of launching “the Anon WaveCel helmets in a manner calculated to capitalize on and appropriate plaintiffs’ goodwill and innovative reputation by co-opting the aesthetic scheme that plaintiffs had been using in marketing Smith-Koroyd helmets—depicting black helmets with cell array structures visible through the helmet’s vents in Koroyd’s signature green color and black backgrounds.” Moreover, they argued, the “Smith-Koroyd helmets have been a great commercial success, [which] is now being threatened by [the] defendant’s infringement.” Smith and Koroyd said in a joint press release: “Burton was informed of Smith’s and Koroyd’s patent rights, and was asked to respect those rights by not making or selling the accused Anon-branded WaveCel helmets
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