Cheap Oakley sues AM-PM over selling replica sunglasses

Oakley lawsuit
Oakley sued the franchisor of ampms saying its convenience stores sell knockoffs that are hurting Oakley’s bottom line. Pictured on the left are a pair of replica sunglasses bought from an ampm in Ladera Ranch, and Oakley’s patent on the right.

Oakley is accusing AM-PM convenience stores of selling replica sunglasses bearing a striking resemblance to Oakley glasses and says the stores are infringing on the eyewear maker’s intellectual property.

In a lawsuit filed in federal court Tuesday, Foothills Ranch-based Oakley alleges that AM-PM sells sunglasses designed to look like Oakley replica sunglasses, violating seven patents filed by the sunglass company over a nine-year period with the U.S. Patent and Trademark Office. The company is suing Treasure Franchise Company, which franchises ampms in California, Nevada and Arizona.

“Oakley and its iconic designs are well-known throughout the eyewear industry, and defendant’s eyewear model … is a nearly identical copy of Oakley’s design,” Oakley’s attorneys wrote in the complaint.

Oakley is in a similar battle with La Palma-based BP West Coast Products, which also operates convenience stores. The lawsuit against BP West Coast Products involves the same patents.

In its lawsuit against Treasure Franchise Company, Oakley asked that an injunction be placed on the company preventing it from selling Oakley-like glasses in the future. Replica Oakely also wants a judge to order ampm to account for the money it made from the glasses and give it to Oakley.

Treasure Franchise Company’s parent company Tesoro Corporation did not immediately respond to a request for comment Wednesday.