SAN DIEGO – A Foothill Ranch eye wear manufacturer alleges another company has copied its patented designs.
Oakley Inc. filed a complaint on Oct. 31 in the U.S. District Court for the Southern District of California against Charles Merchandise Inc., doing business as Apollo Eyewear, alleging trademark infringement.
According to the complaint, the plaintiff alleges that it suffered substantial damages to its business and reputation upon learning that the defendant manufactures, markets and sells replicas of its products, all duly registered to the U.S. Patent and Trademark Office. Specifically, the suit states that patents D480, D967, D047, D479, D579, D794, D689, D818, D135 and D933 were infringed by the defendant.
The plaintiff holds Charles Merchandise Inc. responsible because the defendant allegedly obtained profit at the expense of plaintiff and infringed intellectual properties with reckless disregard for plaintiff's patent rights.
The plaintiff requests a trial by jury and seeks judgment in its favor, preliminary and permanent injunction; account for all gains, profits and advantages; damages; interest; attorneys' fees; expenses; costs of action and further relief as the court may deem just. It is represented by Michael K. Friedland, Lauren K. Katzenellenbogen, Ali S. Razai and Daniel C. Kiang of Knobbe, Martens, Olson & Bear LLP in Irvine.
U.S. District Court for the Southern District of California Case number 3:16-cv-02693