Oakley accuses wholesaler of design patent and TM infringement

Oakley accuses wholesaler of design patent and TM infringement


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.

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It is lucky for Chen Jun to began his career in the IP industry 14 years ago when the first group of IP managers for businesses appeared on the stage in China and he has been in the industry.

It was this “Whampoa Military Academy” for IP that educated China’s first batch of corporate IP management personnel. Many of these engineers left Foxconn in the years since.