Oakley and The Hockey Company have been wrapped up a court dispute over the Jofa “Image” protective hockey visor. Oakley filed suit against THC on July 31st and applied for a temporary restraining order. The request was denied.
Oakley claims that the visor infringes on their patents dealing with optical correction.
The California court hearing the case said that the restraining order would “force (THC) to change its products and processes in such a way that it would be impractical or impossible to switch back to the original product if it is found to be non-infringing.”
In a conversation with SEW, THC Special Counsel Joe Scarfo said, “The action was instituted in California against the wrong defendant, and we are contemplating having the action dismissed due to lack of jurisdiction.” Oakleys original suit was against THC-Delaware, a holding company.
Attempts to contact Oakley were unsuccessful.
THC subsidiaries have filed an action in Vermont to have Oakleys patents declared invalid. Scarfo said, “We want to determine if Oakleys patents are valid, and if they are, was there any infringement We have real questions concerning the validity.”