Free Answer to Complaint - District Court of California - California

Case 3:08-cv-00480-L-RBB

Document 6

Filed 05/09/2008

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1 DOLL AMIR & ELEY, LLP GREGORY L. DOLL (SBN 193205) 2 MICHAEL M. AMIR (SBN 204491) RON ST. MARIE (SBN 101398) 3 1888 Century Park East Suite 1106 4 Los Angeles, California 90067 Telephone: (310) 557-9100 5 FacsImile: (310) 557-9101 6
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BOYLE FREDRICKSON, .S.C. Adam L. Brookman Mollie A. Newcomb 840 Plankinton Avenue Milwaukee, Wisconsin 53203 Telephone: (414) 225-9755 FacsImile: (414) 225-9753 Attorneys for Defendant WAYCO GROUP, INC. UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA OAKLEY, INC., Plaintiff, vs. WEYCO GROUP, INC., a Wisconsin Corporation, dba NUNN BUSH, Defendant. CASE NO. 08CV00480-L-RBB ANSWER TO COMPLAINT FILED BY OAKLEY, INC.; REQUEST FOR JURY TRIAL

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Defendant Weyco Group, Inc. ("Weyco") answers the complaint of Plaintiff Oakley, Inc. ("Oakley") as follows: JURISDICTION AND VENUE
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Admit. THE PARTIES

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2.

Admit.

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3.

Admit.

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FACTUAL BACKGROUND
4. Weyco is without knowledge or information sufficient to form a belief

5 as to the truth of the allegations and therefore denies.
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5.

Weyco admits that U.S. Reg. No. 2,293,046 for OAKLEY is a federally

8 registered mark; Weyco is without knowledge or information sufficient to form a 9 belief as to the truth of the allegation regarding Oakley's ownership ofthe mark and
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therefore denies.

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6.

Weyco admits that U.S. Reg. No. 2,293,046 for OAKLEY is a federally

13 registered mark; Weyco is without knowledge or information sufficient to form a
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belief as to the truth ofthe allegation regarding Oakley's non-abandonment of the

16 mark and therefore denies.
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Deny. Deny. Weyco admits to having received written notice from Oakley as to

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8. 9.

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21 Oakley's trademark registrations; Weyco denies any implication that it has infringed
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Oakley's trademark rights. 10. Weyco is without knowledge or information sufficient to form a belief

25 as to the truth of the allegations and therefore denies. 26 11. Weyco is without knowledge or information sufficient to form a belief 27 28 as to the truth of the allegations and therefore denies.
ANSWER

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12. 13. 14. 15.

Deny. Deny. Deny. Deny.
FIRST CLAIM FOR RELIEF

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16.

Weyco's answers to the allegations of paragraphs 1-15 are repeated in

9 response.
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Admit. Admit. Weyco admits that U.S. Reg. No. 2,293,046 for OAKLEY is a federally

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registered mark; Weyco is without knowledge or information sufficient to form a

16 belief as to the truth of the allegation regarding Oakley's ownership of the mark and 17 therefore denies.
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Weyco is without knowledge or information sufficient to form a belief

20 as to the truth of the allegations and therefore denies.
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Deny. Deny. Deny. Deny. Deny. Deny.

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27. 28.

Deny. Deny.

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SECOND CLAIM FOR RELIEF
29. response. 30. 31. 32. 33. 34. Admit. Admit. Deny. Deny. Deny. Weyco's answers to the allegations of paragraphs 1-28 are repeated in

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AFFIRMATIVE DEFENSES
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Defendant's use of the term "Oakley" was not trademark use and

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2.

Defendant's use of the term "Oakley" ceased months prior to any notice

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or demand from Plaintiff.
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Defendant's use of the term "Oakley" was as a style name subordinate

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4.

Plaintiff has suffered no damage as a result of Defendant's use of the

term "Oakley" because, among other things, Plaintiff does not sell goods which
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Case 3:08-cv-00480-L-RBB

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1 compete with those which Defendant sold with style name "Oakley".

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Defendant's use of the term "Oakley" was innocent. Plaintiff s asserted trademark registration is invalid in that it was

5 procured through fraud on the United States Patent and Trademark Office.
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WHEREFORE, Defendant Weyco Group, Inc. demands judgment as follows:

A.
B.
this action;
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Dismissing this action with prejudice and on the merits; Awarding defendant its costs, disbursements, and expenses incurred in

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Awarding defendant such other and further relief as this Court deems

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Dated: May 9, 2008
DOLL AMIR & ELEY, LLP BOYLE FREDRICKSON, .S.C.

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Attorneys for Defendant

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Case 3:08-cv-00480-L-RBB

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DEMAND FOR JURY TRIAL

Defendant hereby demands trial by jury.

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4 Dated: May 9,2008
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Respectively submitted,

DOLL AMIR & ELEY, LLP BOYLE FREDRICKSON, .S.C.

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Attorneys for Defendant

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ANSWER