A manufacturer of popular eyewear and sunglasses is suing a Texas company over trademark infringement, trademark dilution and unfair competition.
Luxottica Group filed the suit June 24 in the Houston Division of the Southern District of Texas against Atlantic Sunglasses, also known as Sunny Shades, LA Fashion Eyewear and DOES 1-10.
The plaintiff's proprietary brands include Ray-Ban, Oakley, Vogue Eyewear and more. Luxottica also operates 7,000 optical stores, including LensCrafters and Pearle Vision.
Plaintiff further claims that the defendants have used the Ray-Bank marks and the Oakley marks in connection with the sale, promotion and advertising of eyewear that looks nearly identical to the authentic products.
The plaintiff says it is entitled to injunctive relief prohibiting the defendants from using its trademarks, and recovering all damages sustained, and all gains and profits obtained by the defendants. It further seeks permanent injunctive relief against the defendants, an accounting by the defendants of all profits derived from their acts, court costs and attorneys' fees, and punitive damages.
Plaintiff's attorneys are Brent H. Blakely and Cindy Chan, Blakely Law Group in Manhattan Beach, Calif.
Houston Division of the Southern District of Texas case number 4:15-cv-01795.