Oakley accuses safety glasses maker of design patent infringement

Sports apparel brand  Oakley is suing Colorado-based Third Coast Products, which sells the iLumen8 UV Safety Glasses, for design patent infringement.

The  complaint was filed in the US District Court for the Northern District of Illinois on Monday, January 14.

Oakley, a subsidiary of Milan-based eyewear company  Luxottica, accused Third Coast of infringing its patented design, titled “Eyeglass” (US number D659,180).

Third Coast produces safety glasses that would appear “to an ordinary observer to be substantially similar to the claim of the D180 patent”, the complaint said.

According to the filing, Third Coast sells the iLumen8 UV Safety Glasses through online outlets such as Amazon. Oakley alleged that Third Coast had wilfully infringed its design patent by producing a “nearly identical” copy of it.

Third Coast has not obtained a licence or permission to use any elements of the D180 patent, Oakley said.

The company is seeking costs, fees and triple damages for wilful infringement, as well as all profits resulting from the allegedly infringing activity.

It is not the first time Oakley has taken to the courts to defend its IP rights. In August last year, the company  accused Wholesale In Motion Group of producing glasses which constitute wilful design patent and trademark infringement.

Meanwhile, in May 2018, Oakley’s parent company Luxottica  successfully opposed a registration for the ‘Bey Beni’ EU trademark, as it was likely to cause confusion with Luxottica’s Ray-Ban brand.

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