On January 22, 2015, Oakley, Inc. (“Oakley”) filed a complaint against ICU Eyewear, Inc. (“ICU Eyewear”) in the Southern District of California (3-15-cv-00150-LAB-NLS), alleging design patent infringement of U.S. D469,458 directed to an Eyeglass Front; U.S. D556,818 directed to Eyeglass Components; and U.S. D692,047 directed to an Eyeglass. The very next day, Oakley again asserted U.S. D692,047 in the Southern District of California (3-15-cv-00162-MMA-MMD), this time against Dang Shades, LLC (“Dang Shades”). 

Regarding ICU Eyewear, Oakley’s complaint alleges the following: (1) that U.S. D469,458 is infringed by at least ICU Eyewear model J5359-POL; (2) that U.S. D692,047 is infringed by at least ICU Eyewear model J8587-POL; and (3) that U.S. D556,818 is infringed by at least ICU Eyewear model 8854. The complaint does not include images of ICU Eyewear’s allegedly infringing models. However, ICU Eyewear model 8854, for instance, can be found from a search of ICU Eyewear’s website, an image of which is provided below, beside Figure 1 of U.S. D556,818 (Incidentally, U.S. D556,818 was also asserted previously against Sunscape Eyewear, Inc., as reported here, and against Uvex Sports, Inc., as reported here).

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In the complaint, Oakley seeks a finding of willful infringement, a preliminary and permanent injunction enjoining ICU Eyewear from directly or indirectly infringing any of the foregoing three design patents, payment by ICU Eyewear of all damages suffered by Oakley and/or ICU Eyewear’s 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.

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. 

Figure 1 of U.S. D692,047 is provided below beside an image of one version of Dang Shades'Sleeper sunglasses retrieved from the Dang Shades website.  Below those images is an image representative of Oakley’s RAZOR BLADES Trade Dress, from Exhibit 2 of the complaint, which is provided beside Dang Shades product DANG SH80.

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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.