Oakley Inc. has filed a lawsuit against Marvel, Twentieth Century Fox and a UK company over sunglasses used to promote Fantastic Four: Rise of the Silver Surfer.
The California-based sports clothing and equipment company contends a pair of sunglasses included in a gift packet produced to promote the movie violates its U.S. patent by copying its Penny eyeglass line.
The lawsuit, filed March 20 in U.S. District Court in Santa Ana, Calif., asks that the court award an injunction to prevent Marvel, Fox and London-based RDP Unlimited from manufacturing sunglasses that infringe upon the patent. It also requests an accounting of all profits from the sales of the products, damages, and the destruction of all infringing sunglasses.
March 31st, 2008 at 7:47 am
I was going to make the “did not see that one coming” joke but in all honesty - why has it taken so long for them to file a suit? The film was out ages ago.
March 31st, 2008 at 8:40 am
Yea. This one is so far after the fact it’s almost like what’s the point. I guess they could prevent Marvel from making future promotional sunglasses modeled after whichever Oakleys but that’s about it.
March 31st, 2008 at 9:33 am
the Foo Fighters are suing Marvel and now its Oakley’s turn. Who’s next?!?
YOU DECIDE, TRUE BELIEVER!!! :p
March 31st, 2008 at 10:54 am
Since Oakley and Marvel have worked together in the past (they produced limited editions Oakley Sunglasses based on glasseds worn in the X-men and DD movies) this is a little surprising.
March 31st, 2008 at 10:58 am
Sunglasses. pft.
I go the ZZTop method and buy ‘em at the corner store so as to keep up thriftiness and not be a dick.
March 31st, 2008 at 11:38 am
Between this and the US Mint thing with the “Silver Surfer quarters”, one would think that the person in charge of promoting FF2 is no longer employed.
March 31st, 2008 at 12:38 pm
@ 3.
“the Foo Fighters are suing Marvel and now its Oakley’s turn. Who’s next?!?
YOU DECIDE, TRUE BELIEVER!!! :p”
and, like the FF case, there’s probably a highly reasonable chance Marvel proper actually had nothing to do with what they are getting sued for. (but do still have a responsibility for…)
March 31st, 2008 at 4:15 pm
“they produced limited editions Oakley Sunglasses based on glasseds worn in the X-men and DD movies”
They worked together in X-Men and Spider-Man, but the glasses worn by Affleck in Daredevil were the Ray-Ban Predator Olympia 3119 with custom lenses… Oakley might’ve assisted with the lenses on the costume, but the glasses themselves were Ray Bans
March 31st, 2008 at 4:34 pm
Here’s the thing - the glasses were part of a “gift packet” i.e., not sold.
April 1st, 2008 at 12:08 pm
if you manufacture something that somebody else has a patent on, it’s illegal even if you give it away rather than sell it.
April 16th, 2008 at 9:38 am
I agree with Sean…its illegal!