The million dollar lawsuit was filed by the Law Office of Intellectual Property Attorney Robert G. Klein, located at 555 W. 5th Street in Downtown Los Angeles. RG and his legal team (The Hi Fives) are known in the LA legal community for their tenacity and successful prosecutions. From his office perched high above the gritty center of 'LA Noir', Klein has a crusading Batman-like reputation for bringing down patent scofflaws and securing justice for his clients.
The lawsuit was filed July 25th, 2011, in Los Angeles, in the United States District Court for the Central District of California - Case #LACV11-6114.
De Cordova says the heart of the lawsuit is the difference between a design patent and a utility patent, like his. A design patent, like the Gordons', basically gives the holder a license to make an item with a certain look or configuration, and only costs a few hundred dollars from the patent office. The utility patent provides added product protection, but requires a thorough patent search, technical drawings, and prototypes. They are also relatively expensive - usually costing thousands of dollars, as well as maintenance payments at regular intervals. As de Cordova explained, Unfortunately, this lawsuit is necessary to answer the question: 'Which is the real revolutionary, patented sound blocking sleep mask?' - a title Gordon claims for his Sleep Master. De Cordova illustrated the disagreement with two quotes from Gordons websites:
After extensive research, the inventor of SLEEP MASTER(an insomnia sufferer) couldn't find a sleep mask that combined the conditions necessary for deep sleep: light elimination and sound reduction.....Thus was born Sleep Master ..."
With its unique all-in-one, patented design (US Patent No D465, 234S), Sleep Master is the only adjustable sleep mask combining total light elimination and built-in sound muffling, the two conditions necessary for deep restful sleep.
Says de Cordova, "Blocking sound input is very difficult. To make any noticeable difference, it is necessary to have some sort of effective sound barrier material located directly over, or inside, the ears - preferably in both places." De Cordova says his Dreamcloud (also called the Dreamhelmet) is hand-assembled from 23 pieces of material, including two that block sound. As extra sound-blocking insurance, he includes free foam earplugs in the Dreamcloud's secret 'HiPockets'.
Regarding the lawsuit claims against Sleep Master: patent infringement, false advertising, and unfair competition, de Cordova was philosophical: Some say getting a patent is a waste of time and money - that youre better off to just get out there and start selling whatever you want and make as much money as possible. If lawsuits come up, then just use some of the profits to pay for them, as part of the cost of doing business. Call me old fashioned, because I still have faith in patents and the justice system. But, as they say in Vegas, 'Going to court is like rolling the dice.'; so after we have our day in court, I might need to adjust my thinking.
De Cordova originally created his Dreamcloud for adventure travelers. As a combination travelers sleep tool it was an instant hit with travel experts, such as KC Summers of The Washington Post, and Arthur Frommer of Frommer's Budget Travel Guide, who both published glowing articles. Frommer called the mask " ..an ingenious new invention", and The Post said it was ..worth its weight in psychotropic drugs. It has appeared on television numerous times, including Good Morning America, and was even submitted to the Armed Forces for consideration as a tool to help American soldiers sleep in the barracks and battlefield locations. The Dreamcloud website has for years offered free camouflage Dreamhelmets to soldiers on active duty, with any order.
The Dreamhelmet (American flag model, Stars & Stripes) was offered to the US Soccer Team on their way to the 2010 FIFA Finals in South Africa as a way, in de Cordova's words, "..to help them sleep their way to victory." (They didn't take the Dreamhelmets - and they didn't take the World Cup). "Maybe just a coincidence." joked de Cordova.
The versatile Dreamcloud is a combination sleep mask and sound muffling pillow. It also has secret patented HiPockets for storing credit cards, money, and jewelry. One pocket was recently enlarged to hold cell phones and iPods, which can be inserted in the pocket and set for a personal wake-up call. The Dreamcloud is clothed in several attractive fabrics, but only 100% cotton touches the face on the inside. Dreamclouds also convert to simple rectangular pillows or hand warming muffs. Some Dreamcloud models are: Cloud Nine, Teddybear, Adventurer, Rainforest, and Blue Heaven. The newest model, Dreamcatcher, in dark blue suede-like material, is sold on both eBay and Amazon. All styles can be purchased by calling (888) 918-5630, or on company websites at http://www.dreamhelmet.com and http://www.sleepmaskpillow.com - the price is $ 29.95 plus shipping.
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