Orange 21 has received a cease-and-desist letter from Oakley with respect to patent and trademark issues involving three of its product styles. These three product styles accounted, in the aggregate, for less than 4% of Orange 21's sales for the 2004 fiscal year.

In a press release, Orange 21 stated that upon review of the claims, the company believes them to be without merit. The company further stated that it believes the letter and threatened litigation is far less about any confusion or common features between the companies' products and more about the growing appeal of Spy Optics to an audience which is important to Oakley.

In related Orange 21 news, Smith & Smith LLP is investigating a potential securities class action on behalf of shareholders who acquired ORNG shares in connection with the recent IPO. The reason behind the investigation is “disappointing earnings guidance for 2005, causing Orange 21 shares to plummet.” While shares did fall from $9.50 per share, to $6.60 per share, the company’s guidance called for 25% to 30% sales growth, and earnings per share growth of approximately 70% to 90% (See BOSS_0408).

>>> Some might say doubling earnings in one year is disappointing, but most would call it healthy…