Last Friday in Lontex Corp. v. Oakley, Inc., 1:13-cv-05459 (DNJ), Lontex sued Oakley in the U.S. District Court for the District of New Jersey for trademark infringement, counterfeiting and unfair competition relating to Lontex’s federally registered mark, SWEAT IT OUT, for sweatbands, headbands and other athletic apparel.
In its complaint, Lontex alleges that Oakley is using the exact mark SWEAT IT OUT for a line of sweat-wicking headbands, and attaches exhibits showing that use on Oakely’s on-line store. Lontex further asserts that it has been using its mark for over 20 years, and that Oakley’s conduct violates federal and state trademark and unfair competition laws.
Lontex is seeking an injunction, money damages, including statutory and punitive damages, and its attorney fees and costs. The action is assigned to Judge Irenas and Magistrate Judge Williams, in Camden. The next move will be Oakley’s.