Quiksilver is suing Los Angeles-based Kymsta Corp. again over its
Roxywear by Roxx clothing line, citing trademark infringement. The surf
company, based in Huntington Beach, first sued Kymsta in 2002,
prompting a counter suit from Kymsta contending its Roxywear name was
used before Quiksilver made Roxy a distinct brand.
Quiksilver disputes that, saying it prevailed in a trial a few years
ago in which the judge ruled the evidence presented by Kymsta wasnt
strong enough to present to a jury. Kymsta won a second trial on appeal.
“We are very confident we will prevail this time too,” Charles Exon,
Quiksilvers general counsel, told the Orange County Business Journal.
James Nguyen, a partner at Foley & Lardner LLP in Los Angeles who
is representing Kymsta, calls it a “David and Goliath type of
situation” since Kymsta does annual sales of $4 million. Kymsta is open
to a settlement, according to Nguyen.
“I think its safe to say that everyone involved with this case wants
to see some kind of conclusion earlier than later,” he told the
business journal.
