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Source: Connection Newspapers
June 13, 2012 edition of the Vienna/Oakton Connection
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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.
Công ty kính mắt Luxottica Ý, và công ty con oakley sao kính mát, đã đệ đơn kiện vi phạm nhãn hiệu đối với một số hàng giả trực tuyến. Luxottica và Oakley đã đệ đơn kiện (pdf) tại Tòa án Hoa Kỳ cho các huyện phía Bắc của bang Illinois, Đông Division, vào ngày 18. Đơn kiện cho rằng một nhóm các hàng giả không rõ, cư trú tại Trung Quốc, bán các phiên bản giả mạo của Ray-Ban và Oakley kính trực tuyến. Luxottica sở hữu các thương hiệu như Ray-Ban, Oakley, Vogue Eyewear, Persol, Oliver dân, Alain Mikli và Arnett. Công ty kính mắt cho rằng các bị cáo vi phạm nhãn hiệu hàng hóa để tái tạo mô phỏng giả các sản phẩm của họ và vu định nguồn gốc của chúng. Các bị cáo cũng tham gia vào thể thao online các hành vi vi phạm Illinois Uniform lừa dối Luật thực hành thương mại, tuyên bố Luxottica. Theo đơn kiện, Luxottica sở hữu nhãn hiệu hàng hoá tại các bằng sáng chế và nhãn hiệu hàng hoá (USPTO) cho thuật ngữ ' ray ban outlet ', mà nó đã được sử dụng từ năm 1937. Oakley sở hữu các nhãn hiệu cho thuật ngữ 'Oakley', 'Crosslink' và 'Jawbreaker '. Đơn kiện nói rằng một "nhóm với nhau của hàng giả" đã làm việc với nhau để "cố ý và cố ý sản xuất, nhập khẩu, phân phối, chào bán, và bán các sản phẩm" mà mang phiên bản giả mạo của marks.Luxottica và Oakley những thương hiệu kính mắt 'đang yêu cầu theo luật định thiệt hại cho vi phạm nhãn hiệu cố ý của $ 2 triệu cho mỗi lần sử dụng các nhãn hiệu và $ 100,000 cho mỗi tên miền kết hợp bất kỳ của họ đánh giá bản sao oakley . Các công ty cũng đang tìm kiếm biện pháp ngăn chặn, chuyển nhượng tên miền vi phạm, một tài khoản lợi nhuận, chi phí và phí luật sư. Các bị cáo đã có tên trong phụ lục, nhưng các tài liệu được niêm phong.
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