NEW YORK — Cartier and Oakley Inc., which have been aggressive in defending their brands, are battling each other in court over the Cartier “Tank” trademark.
Oakley, the sunglasses, apparel, footwear and accessories company, introduced a line of men’s watches this year called Oakley Time Tank, which retail for $995 to $1,195.
Cartier responded last month with a cease and desist letter stating that the Oakley line infringed on its Tank trademark, according to court documents. That prompted Oakley to file a preemptive lawsuit against Cartier, a division of Richemont North America, and Cartier International, on July 26, in U.S. District Court in Los Angeles. Oakley sought a declaratory judgment of noninfringement.
Cartier then filed a trademark infringement lawsuit against Oakley on Aug. 1 in a U.S. District Court in Manhattan, alleging that the Time Tank line infringes on its existing Tank trademark.
Cartier uses the Tank trademark for watches, jewelry, eyeglasses, sunglasses and eyeglass frames and cases. In the court documents, Cartier filed claims of registered trademark infringement, false designation of origin, common law trademark infringement and unfair competition, as well as dilution of a trademark.
The jewelry company could not be reached for comment.
Both companies are known for having active programs to protect intellectual property. Cartier’s efforts in recent years typically have focused on stemming counterfeiting, trademark infringement and the addition of diamonds to purchased watches. The lawsuit against Oakley is unusual because it was filed against another major firm.
Cartier alleged in the lawsuit that Oakley’s manufacture, sale and distribution of the Time Tank watches “is likely to cause confusion or mistake or to deceive the average consumer that Oakley’s products are Cartier products or are somehow associated with or sponsored by Cartier, when that is not the case.”
Oakley said in its lawsuit that there was no likelihood of confusion over the source of its Time Tank watches.
Cartier is “extremely litigious and fiercely protect their marks,” according to the complaint filed by Oakley. “Since 2003 alone, defendants Cartier have filed 10 lawsuits based upon the ‘Tank’ mark or Tank product line and have filed at least 19 more based on the ‘Cartier’ mark or other Cartier products.”
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Lance Allega, director of investor relations for Oakley, said, “Oakley is seeking that the court rule that Cartier’s mark, ‘Tank,’ is unenforceable as it has become descriptive and used by many companies in the industry to describe a style of watch. The litigation is in the early stages, but Oakley is confident in its position and strongly believes there is no likelihood of confusion among consumers.”