Los Angeles Intellectual Property Trademark Attorney Blog
Santa Ana, CA – Oakley’s trademark and patent attorneys filed a patent infringement, trade dress infringement, and trademark infringement complaint at the Federal District Court in Santa Ana to stop copying of protected sunglasses/eyewear. Oakley registered its stylized ellipsoid “O” logo trademark with the U.S. Patent and Trademark Office (“USPTO”) for use on goods in International Class 9 (e.g. eyewear, sunglasses,and goggles). Oakley also registered its stylized ellipsoid “O” logo as used on the side of a sunglass ear-stem with the USPTO. As further protection, the USPTO issued U.S. Patent No. D556,818, titled “Eyewear Components,” which protects the design and ornamentation embodied by Oakley’s Gascan sunglass.
The complaint alleges that Outlook Eyewear has “advertised and sold counterfeit products bearing a reproduction or copy of the trademarks, which mark is an unauthorized reproduction of Oakley’s famous ellipsoid “O” mark intended to cause a likelihood of confusion or to deceive or otherwise capitalize upon Oakley’s goodwill.” The complaint also alleges that Oakely has obtained trade dress protection in the design of its Gascan line of sunglasses because of the expenditure of large sums of money in its promotion and, as a result of which, it “has become, through widespread public acceptance, a distinctive designation of the source of origin of goods offered by Oakely and an asset of incalculable value as a symbol of Oakley and its quality goods and good will.” In addition to preliminary and permanent injunctions, Oakley seeks monetary damages and its attorneys’ fees. The case is titled Oakley, Inc. v. Outlook Eyewear Company, SACV 08-00439 JVS (C.D. Cal. 2008).