Eyewear giant Luxottica’s little action sports brand Oakley has apparently not taken kindly to the humor of Dang Shades line of Oakleyesque sunglasses (cleverly named the SH80) so they’ve sued Dang in the Southern District of California, according to a story on Association of Corporate Counsel.
In the Dang Shades complaint, Oakley asserts design patent infringement of U.S. D692,047, as noted above, in addition to trade dress infringement, federal and state unfair competition, and federal false designation of origin in association with its RAZOR BLADES Trade Dress. In particular, the complaint asserts that at least Dang Shades’ DANG SH80 and Sleeper sunglasses infringe Oakley’s patent and trade dress rights.
What does Oakley want? They want it all, of course.
Among other things, Oakley seeks a finding of willful infringement, a preliminary and permanent injunction enjoining Dang Shades from directly or indirectly infringing U.S. D692,047, payment by Dang Shades of all damages suffered by Oakley and/or Dang Shades’ total profit from infringement, an order for treble damages and/or exemplary damages, an order adjudging the case as an exceptional case, an award of attorney fees, expenses and costs, and an award of pre-judgment and post-judgment interest and costs, as well as remedies specific to trade dress and unfair competition and false designation of origin.
Dang may find this lawsuit rather disruptive by design. Maybe Dang can convince the judge that these sunnies are simply a “parody” of the original.
[Link: ACC]
DANG!
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