Italian eyewear company Luxottica, and its subsidiary oakley replica
sunglasses, have filed a trademark infringement lawsuit against a number of online counterfeiters. Luxottica and Oakley filed the lawsuit (pdf) at the US District Court for the Northern District of Illinois, Eastern Division, on November 18. The suit claimed that a group of unknown counterfeiters, who reside in China, sold counterfeit versions of Ray-Ban and Oakley eyewear online. Luxottica owns brands including Ray-Ban, Oakley, Vogue Eyewear, Persol, Oliver Peoples, Alain Mikli and Arnett. The eyewear company argued that the defendants infringed the trademarks to recreate counterfeit imitations of their products and falsely designated their origin. The defendants also engaged in acts which violated the Illinois Uniform Deceptive Trade Practices Act, claimed Luxottica. According to the suit, Luxottica owns trademarks at the US Patent and Trademark Office (USPTO) for the term ‘ray ban outlet
’, which it has used since 1937. Oakley owns marks for the term ‘Oakley’, ‘Crosslink’ and ‘Jawbreaker’. The suit said that an "interrelated group of counterfeiters" worked together to "knowingly and wilfully manufacture, import, distribute, offer for sale, and sell products" that bore counterfeit versions of the eyewear brands’ marks.Luxottica and Oakley are asking for statutory damages for wilful trademark infringement of $2 million for each use of the marks and $100,000 per domain name incorporating any of their oakley replica reviews
. The companies are also seeking injunctive relief, transfer of the infringing domain names, an account of profits, costs and attorney’s fees. The defendants were named in an appendix, but the document is sealed.