RDP Limited is a London-based company which sources
promotional film merchandise. It lists items connected to Star
Wars, Batman and Spider-Man in its list of past products.
Sports clothing and equipment firm Oakley is suing all three
companies over a pair of sunglasses included in a gift pack
produced to promote the Fantastic Four film. It claims that the
sunglasses violate rights it holds in the design through a US
design patent.
"The defendants, individually and collectively, are selling
sunglasses that copy the [Oakley] design," said the company in its
lawsuit. "The 'Penny' copy sunglass sold by Defendants embody the
subject matter claimed in Oakley's design patents…without any
license."
Actor James Marsden wore a specially-made pair of Oakley
sunglasses when he played Cyclops in the film X-Men.
"On information and belief, defendants are using the copy
sunglasses to promote the "Fantastic 4 Rise of the Silver Surfer"
movie," say Oakley's court papers.
The patent design in question protects "the ornamental design of
an eyeglass front embodied by Oakley's 'Penny' eyewear," said
Oakley's papers.
A design patent exists in the US but not in the UK, where a
design for sunglasses could be protected through registration with
the UK Designs Registry, part of the UK Intellectual Property
Office.
Oakley wants the court to award it an injunction stopping the
three companies from making any sunglasses that infringe on its
design patent in the future. It also wants the companies to
transfer to it any profits it made on the sale of the sunglasses as
well as damages in compensation for its lost profits due to the
activity and a royalty on sales already made.
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