LOS ANGELES — A San Luis Obispo eye care company is suing Kimberley-Clark, alleging unauthorized used of its Soft Touch trademark.
Live Eyewear Inc. filed a complaint Jan. 25 in U.S. District Court for the Central District of California Western Division against Kimberly-Clark Corporation, and Does 1 through 10, alleging trademark infringement in violation of Lanham Act.
According to the complaint, on Jan. 27, 2015, through counsel, Live Eyewear contacted Fastenal, a retailer, to put them on notice that the plaintiff was concerned of Fastenal's use of its Soft Touch trademark, which had been used for sale by Kimberly-Clark. The suit says Kimberly-Clark, without permission from Live Eyewear, has offered, distributed, marketed, and/or sold eye wear and sun wear in connection with the Soft Touch trademark.
Live Eyewear seeks trial by jury, all damages, pre- and post-judgment interest, and all other relief the court deems appropriate. It is represented by attorney Nicole M. Norris of San Luis Obispo.
U.S. District Court for the Central District of California Western Division case number 2:18-cv-00652-DMG-SS