Battle of the Os 1

During the last couple days we’ve gotten a couple different press releases from One Industries and O’Neal, regarding their legal battles over alleged trademark infringement.

Here’s One’s Release…

One Industries Wins Lawsuit with O'Neal

The federal court in San Diego yesterday brought an abrupt end to claims by Jim O'Neal Distributing, Inc. that One Industries, LLC was infringing its trademarks. United States District Judge John A. Houston granted summary judgment in favor of One Industries on all claims based on a finding that there was no evidence of any infringement.

The lawsuit began in May 2006, after O'Neal accused One Industries of trademark infringement and threatened to sue if One Industries did not change its name and logo. One Industries asked the federal court for a declaration that it was not infringing any of O'Neal's trademarks. In response, O'Neal counter-sued One Industries as well as its founders Ludo Boinnard and Marc Blanchard, claiming trademark infringement, trade dress infringement, unfair competition, and seeking to cancel the company's registered trademarks.

Yesterday's decision resolved all claims in the case in favor of One Industries.

"We filed this case to clear our name in the face of false accusations by O'Neal" said Marc Blanchard, designer and VP of One Industries, "and yesterday's decision accomplishes that goal. We work really hard to make great products with cutting edge design and the best materials. The idea that O'Neal was claiming we were copying them was pretty surreal."

"It's our second litigation in 4 years and both times we've been successful" added Ludo Boinnard, President and CEO of ONE Industries. "Our passion, dedication, hard work and success in our sport all originated from a great dream and we're not going to let anybody damage it or crush it. We will always defend our rights and push back hard with all legal efforts and means necessary".

For more information on ONE Industries, visit www.oneindustries.com

And here’s O’Neal’s return shot…

O'NEAL files Appeal to summary Judgment ruling in legal battle against ONE Ind.


February 15, 2008

Jim O'NEAL Distributing Inc. has filed an appeal to the Ninth Circuit Court of Appeals to overturn a summary judgment motion granted in the Southern District of California involving a trademark infringement case against One Industries.

The legal matter erupted in early 2006 after several instances of product confusion with customers and consumer web sites. The customer confusion has continued with numerous documented instances of confusion to date from consumers, dealers, vendors and industry veterans.

O'NEAL has been distributing and producing protective apparel and equipment for motorcycle use since 1970. ONE had been a graphic company (motorcycle stickers) since it was founded in 1999. More recently ONE had decided it would sell a protective apparel line by introducing helmets and thus, the instances of confusion began.

Joseph Trojan Esq., attorney for O'NEAL says, "Our client had made several offers to ONE to allow them to simply use the name ONE INDUSTRIES or ONE IND on their helmets so that there would be no confusion in the marketplace. ONE refused to do so and uses the ONE logo and or an O logo in stylized versions without the word industries on many of their helmet graphics. ONE had chosen to first file claims in this matter and O'NEAL then filed counter claims. In yesterdays decision ONE was DENIED their request for damages and or re-imbursement of legal fees. Thus the judgment did not award ONE a single penny in this matter. We committed to this case and we are looking forward to putting this matter before a jury in federal court."

For more information on O'NEAL and it's fine products, visit http://www.oneal.com

What do you think? Obviously none of us are experts in patent and trademark rights, but if you’re a site member, log in and leave a comment below. (Remember, keep them civil, please.)