C&A Marketing Inc., the company that produces the Polaroid Cube, has filed a lawsuit against GoPro for releasing the Hero4 Session camera.
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On Tuesday, C&A Marketing filed a patent lawsuit against GoPro in U.S. District Court in Newark.
C&A Marketing is seeking all of GoPro’s profits from sales of Hero4 Session, plus interest and attorney fees.
The GoPro Hero4 Session Camera just can’t catch a break after a lawsuit by Polaroid that aims to force GoPro to change the design.
A GoPro representative told CNBC the company was developing the Hero4 Session well before the competitive product was unveiled. C&A, based in Ridgefield, N.J., applied for the 14-year patent in January 2014 and received it in May of this year. Indeed, DT’s own Les Shu was quick to comment on how the Session looked “surprisingly similar” to Polaroid’s device in his review of GoPro’s camera published shortly after its launch in the summer, more than a year after Polaroid released the Cube. The HERO4 Session is 50% smaller and 40% lighter than the next-biggest model. However, the Hero4 Session is a bit larger in size than the Cube.
From the other side, GoPro is saying that the filed their patent applications in March which was before the Cube’s patent order had been granted. There are 7 illustrations of a cube-shaped camera in the patent. After the company dropped the price 25 percent to $299, sales picked up.
The wording of the design patent is vague and short.
C&A obtained exclusive rights to sell Polaroid-branded cameras in 2009 following the bankruptcy of Polaroid.
“We invested considerable resources in the design and development of a unique product with the Polaroid Cube”.
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