HexArmor sues Safety Test & Equipment over seven safety gloves sold under matching product numbers: complaint allegations

What was filed

The complaint is ECF No. 1, filed October 7, 2026, in the U.S. District Court for the Western District of Michigan. The case is HexArmor, Limited Partnership v. Safety Test & Equipment Company, Inc., No. 1:26-cv-02873, and it includes a jury demand. It pleads eleven counts: seven counts of trade dress infringement and false designation of origin under 15 U.S.C. § 1125, one for each glove, trademark infringement of the numerical marks under 15 U.S.C. §§ 1114 and 1125 and common law, unfair competition under the Lanham Act and Michigan common law, dilution under 15 U.S.C. § 1125(c), and the Michigan Consumer Protection Act, Mich. Comp. Laws § 445.901 et seq. It also invokes diversity jurisdiction under 28 U.S.C. § 1332(a). Counsel is Matthew J. Gipson of Price Heneveld LLP.

What the complaint alleges

The complaint says HexArmor, a Michigan limited partnership in Grand Rapids, sells protective gloves whose trade dress includes the color schemes and patterns of raised elements on the backs of the gloves, and it pleads that these elements are not functional, that no utility patents cover them, and that competitors sell gloves with other colors and patterns. It cites two registrations, Reg. Nos. 4,607,449 and 4,557,699, attached as Exhibits 1 and 2, and says HexArmor's product numbers also serve as trademarks that have become distinctive through sales and promotion. USPTO records show that both registrations are on the Supplemental Register for "protective gloves for industrial use" in Class 9, that each covers a three-dimensional configuration of raised blocks on a glove, and that neither claims color as a feature of the mark. The USPTO lists HexArmor, Limited Partnership as owner of Reg. No. 4,557,699 and Performance Fabrics, Inc. as owner of Reg. No. 4,607,449, and both registrations have been renewed. It says Safety Test is a North Carolina corporation in Shelby, North Carolina.

Each trade dress count pairs a HexArmor glove with a Safety Test designation pictured in the complaint: Rig Lizard 2020 and "STE-2020," Chrome Series 4080 and "HA-4080," Chrome SLT 4073 and "HA-4073," Chrome SLT 4073W and "HA-4073W," HeatArmor 5055 and "HA-5055," HeatArmor 5050 and "HA 5050," and Rig Lizard 2092 and "HA-2092." The complaint ties the Rig Lizard gloves to the '449 registration and the Chrome gloves and the HeatArmor 5055 to the '699 registration, and it gives first-use years from 2010 to 2022. It alleges, on information and belief, that Safety Test acted willfully and with knowledge of HexArmor's rights, and it calls each trade dress famous for the dilution count. The complaint does not describe any notice letter or prior contact between the parties.

The prayer asks for preliminary and permanent injunctions against use of the trade dress and numerical marks, destruction under 15 U.S.C. § 1118, a compliance report within 30 days, damages under 15 U.S.C. § 1117 including trebled damages, profits, and statutory damages, exemplary or punitive damages, and attorney fees as an exceptional case under 15 U.S.C. § 1117. No preliminary injunction motion appears in the complaint.