SAN DIEGO --ZZ Top may recommend that you “get yourself some cheap sunglasses,” but the courts may disagree.
Oakley Inc. is suing Treasure Franchise Co. LLC, an ampm franchisee with convenience stores in California, Nevada and Arizona, in the U.S. District Court for the Southern District of California in San Diego for selling sunglasses that it said infringe on the company’s patents and trademarks.
“Oakley is one of the world’s most iconic brands,” the Foothill Ranch, Calif.-based company said in court documents. “The company and its products, particularly in the realm of eyewear, are instantly and universally recognized for their innovative technology and distinctive style.”
The documents said that “Oakley has been actively engaged in the manufacture and sale of high-quality eyewear since at least 1985. Oakley is the manufacturer and retailer of several lines of eyewear that have enjoyed substantial success and are protected by various intellectual property rights owned by Oakley.”
Treasure Franchise’s sale of similar products “nearly identical” to Oakley’s design has “caused Oakley to suffer irreparable injury to its business. Oakley will continue to suffer substantial loss unless and until defendant is preliminarily and permanently enjoined from its wrongful actions.”
Oakley is seeking damages and San Antonio-based Treasure Franchise’s total profit from the infringement, treble or damages because of its “willful conduct” and attorney fees, expenses and court costs.
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