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Oakley accuses wholesaler of design patent and TM infringement

2018/08/14

On August 7, Oakley accused a California-based wholesaler of design patent infringement, counterfeiting, trademark infringement, unfair competition and false designation of origin, in a complaint filed.
The sports apparel brand, which is a subsidiary of Italian fashion company Luxottica, filed its lawsuit at the US District Court for the Central District of California.
Oakley has design patents which cover elements of its glasses, including the frame shape and front of the products. Oakley also has trademark registrations in the US for its oval-shaped logo.
Wholesale In Motion Group, which does business as wholesalers All Time Trading and Blue Star Empire, has been selling eyewear “that would appear to the ordinary observer to be substantially similar” to Oakley’s protected designs, according to the complaint.
The products also feature the Oakley marks or marks confusingly similar to them, the sports brand claimed.
Wholesale is unfairly competing with Oakley and trading on the sports brand’s reputation and goodwill by causing consumer confusion, the suit claimed.
Source:WIPR



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