Oakley Sues 7-Eleven Over Sunglass Design Infringement

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Oakley Sues 7-Eleven Over Sunglass Design Infringement


LOS ANGELES — 7-Eleven Inc. has in the past taken action against companies using similar names and logos. Now, the retailer finds itself on the other end of a legal challenge.

On June 25, Oakley Inc. filed a California federal suit accusing 7-Eleven of willfully and intentionally infringing six of its patents covering the design of sunglasses, according to Law360

The lawsuit alleges the convenience store retailer has directly and/or indirectly made, used, sold, offered for sale and/or imported eyewear having a design that is covered by claims of the patents. The actions were taken without Oakley's approval, according to the complaint.

"Defendant infringed the [patents] with reckless disregard of Oakley's patent rights," the suit said. "Defendant knew, or it was so obvious that defendant should have known, that its actions constituted infringement."

The patents were granted between July 2007 and October 2013, according to court papers cited by Law360.

7-Eleven allegedly sold the infringing products at its stores in several California cities, including San Diego and Laguna Niguel.

Oakley claims that 7-Eleven's sales of allegedly infringing sunglasses have caused the plaintiff to suffer irreparable injury to its business, the report added.

"Oakley will suffer substantial loss of goodwill and reputation unless and until defendant is preliminarily and permanently enjoined from its wrongful actions complained of herein," the suit claimed.

In addition to unspecified damages, the suit seeks damages for 7-Eleven's allegedly infringing acts and treble damages, and total profits from the sale of the allegedly infringing eyewear. Oakley also requests interest and costs and attorneys' fees, according to Law360.

Representatives for 7-Eleven and attorneys for Oakley didn't immediately respond to the legal publication's requests for additional comment.

Dallas-based 7-Eleven operates, franchises or licenses 10,500 convenience stores in North America.