Huntington Beach surfwear maker Quiksilver Inc. said on Wednesday that it has won a nearly six-yearlong trademark infringement case over its Roxy brand of clothes against Los Angeles-based Kymsta Corp.
“We are pleased with the decision of the court. As a matter of principle and financial responsibility, we are deeply committed to protecting and defending our trademarks and brands,” said Quiksilver Chief Executive Robert McKnight.
The long drawn out legal tussle stems from a 2002 lawsuit Quiksilver brought against Kymsta, which makes women’s clothing under the Roxywear, Roxywear by Roxanne Heptner and Roxywear by Roxx brands.
Quiksilver sued Kymsta for infringing on its Roxy trademark, contending that Kymsta’s brands caused confusion in the apparel industry as retailers and consumers could mistakenly link Kymsta’s brands to Quiksilver.
The case went to trial in 2004 with Quiksilver prevailing after a judge ruled that the evidence presented by Kymsta wasn’t strong enough to present to a jury.
Kymsta appealed and the two met again in a Los Angeles court this past February with a jury ruling in Quiksilver’s favor last month.
Earlier this week, U.S. District Court Judge Valerie Baker Fairbank entered a final judgment that validated and protected Quiksilver’s “Quiksilver Roxy” and “Roxy” trademarks.
Kymsta now has 18 months to phase out its Roxywear, Roxywear by Roxx and Roxywear by Roxanne Heptner brands. The company will no longer be able to use its brands after the 18-month period.
Kymsta could appeal the verdict, according to the company’s lawyer James Nguyen, a partner at Folely & Lardner LLP in Century City.
“Kymsta’s take on the verdict is that it was improper and a miscarriage of justice,” Nguyen said.
