You can use your name, but just don’t let anyone see it and don’t tell anybody about it. That appears to be the bottom line in a trademark infringement case between Quicksilver and Kymsta in their dispute over the use of the Roxy and Roxywear brand names.

U.S. District Judge Dikran Tevrizian ruled that both labels were valid federally protected trademarks. Apparently Quicksilver waited too long to assert its rights to the Roxy name and the judge would not allow the company to prevent Kymsta from using the Roxywear name in its apparel.

But Kymsta was restricted from full use of the name, however. The company is only permitted to use Roxywear as a label on the inside of apparel and not as an external logo. The company is also prohibited from licensing the name or to directly advertise using the name.

Quicksilver lawyers were pleased with the decision describing it as “vindication” to the L.A. Times. “We just wanted to make sure they couldn’t take their Roxywear label to a wide distribution channel,” Quiksilver general counsel Charles Exon said in a published report.


>>> Sounds like a politician made this decision. Can’t usually have it both ways