Indiana Intellectual Property Law News
Indianapolis, Indiana – The Plaintiff, Oakley, Inc. (“Oakley”), is an American company operating as an independent subsidiary of Luxottica Group S.p.A. Oakley designs, develops and manufactures sports equipment and lifestyle pieces including, sunglasses, sports visors, ski/snowboard googles, watches, apparel, backpacks, shoes, optical frames, and other accessories. Oakley currently holds more than 600 patents for eyewear, materials and performance gear and numerous trademark registrations.
The Defendant, Batter’s Box, LLC (“Batter’s Box”) is an Indiana limited liability company having a principal place of business at 3510 S. Keystone Avenue, Indianapolis, Indiana. According to the Complaint, Shawn Lessor and Brandi Pierson are listed as principal owners, officers, managers and directors of Batter’s Box. Their website describes them as a state of art, year round, indoor facility with over 20,000 square feet of training area, and 18 multi-use indoor batting and pitching tunnels. It is also reported that Batter’s Box engages in the sale of sunglasses and related accessories at youth sports tournaments in Indiana, as well as through its own retail sporting goods store.
According to the Complaint, on May 15, 2022 an Oakley investigator discovered that Defendants were offering for sale and selling sunglasses bearing logos and source-identifying indicia that are imitations of one or more of the Oakley Trademarks at the Edingburg Sports Complex Park in Edinburgh, Indiana. The investigator purchased a pair of sunglasses bearing the Oakley Trademark for $20.00. Allegedly, the Investigator purchased another pair of imitation sunglasses on June 17, 2022 at the Batter’s Box retail store in Indianapolis.
Therefore, Plaintiff is seeking damages for willful trademark infringement in violation of 15 U.S.C. § 1114. Plaintiff is requesting injunctions, statutory damages per the Lanham Act 15 U.S.C. § 1117, costs, investigatory fees, and expenses.
The case was assigned to Judge Richard L. Young and Magistrate Judge Mark J. Dinsmore in the Southern District of Indiana and assigned Case No. 1:22-cv-01596-RLY-MJD.