Virtual Try-On Patent Infringement Lawsuit Brought Against Target

Lennon Image Technologies, LLC filed a patent infringement lawsuit against Target Corporation on Friday, November 13, 2020, in the U.S. District Court, Eastern District of Texas. The lawsuit concerns United States Patent No. 6,624,843, entitled “Customer Image Capture and Use Thereof in a Retailing System,” and alleges that Target infringes the patent through its Beauty Studio Tool.

Lennon Image Technologies, LLC filed the patent on December 8, 2000, and claims priority to a provisional application filed on December 10, 1999. The patent relates to a “method and apparatus for capturing a person’s image and using the captured image in a retailing system” and “allows apparel retailers and other purveyors of such items an opportunity to virtually ‘dress’ the potential customer in featured merchandise as a virtual ‘fitting.'” The lawsuit alleges that Target’s Beauty Studio Tool infringes the patent as a web-based virtual try-on tool since the tool manipulates images corresponding to a customer.

Target’s Beauty Studio Tool “generates a composite image comprising the customer image and at least one apparel style image, which corresponds to a potential purchase item.” The tool then displays the composite image “thereby allowing the customer to assess the potential purchase item without having to try it on.” The lawsuit claims that Target’s Beauty Studio Tool “determines that the person corresponds to the customer image by comparing biometric information of the person with the customer image,” specifically comparing “the size and/or shape of the customer’s facial features, such as lips.”

The complaint requests a jury trial, an award of lost profits damages no less than a reasonable royalty, interest and costs, and treble damages for willful infringement.

Additional Reading

Target Sued For Image Capturing System Patent Infringement, Law|Street (November 16, 2020)

Lennon Image Technologies, LLC v. Target Corporation (Case No. 2:2020cv00362)

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