Quiksilver Inc. is suing Los Angeles-based Kymsta Corp. again over its
Roxywear by Roxx clothing line, citing trademark infringement. Quik
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,
which 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.
In other news, Quiksilver, Inc. is developing a women's line under the
Quiksilver brand that is expected to hit retail for Fall 2008.
The line will apparently be positioned at the better-best end of the
juniors spectrum and will be sold in Quiks owned-retail stores
as well as specialty stores, better department stores and select surf
shops in the Americas, Europe and the Asia-Pacific region.
The company believes that focusing on the 18- to 24-year-old women's
market with the Quiksilver brand will open new points of distribution
and bring incremental business to the company. They see it “augmenting,
rather than competing with existing businesses,” namely Roxy.
