CLARKSBURG —Luxottica Group is suing Vin Phat Inc. for selling counterfeit sunglasses.
Kurt Sieu Ly was also named as a defendant in the suit.
Luxottica Group, which owns various trademarks for Ray-Ban and Oakley, discovered in April that the Peking House restaurant in Morgantown owned by the defendants was selling sunglasses with Ray-Ban and Oakley trademarks that were counterfeits, according to a complaint filed in U.S. District Court for the Northern District of West Virginia.
The plaintiff claims the defendants do not have a license or authority to use Ray-Ban and Oakley trademarks have caused harm to the plaintiff by deceiving customers.
"Defendants’ knowing and deliberate hijacking of Luxottica Group’s and Oakley’s famous trademarks, and sale of the Counterfeit Merchandise have caused, and continues to cause, substantial and irreparable harm to Luxottica Group’s and Oakley’s goodwill and reputation," the complaint states. "In addition, the damages caused by Defendants are especially severe because the Counterfeit Merchandise is cheap, inexpensive and inferior in quality to authentic Ray-Ban and Oakley products."
Luxottica is seeking compensatory damanges and an injunction stopping the defendants from selling the sunglasses. The plaintiff is represented by Eric E. Kinder and Joseph A. Ford of Spilman Thomas & Battle.
The case is assigned to U.S. District Judge Irene Keeley.
U.S. District Court for the Northern District of West Virginia case number: 1:21-cv-00060
