Quiksilver prevails in Federal Trademark case against Kymsta

17 Apr '08

3 min read

Quiksilver Inc announced that it had once again prevailed in its Federal court trial against Kymsta Corp. and its unfounded claims against Quiksilver and its “Roxy” trademark.

Robert McKnight, Chairman, Chief Executive Officer and President of Quiksilver Inc stated, “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.

We were always confident in our rights with regard to our longstanding usage and the fame of the 'Roxy' trademark. This victory protects our valuable mark, upholds our investment in the 'Roxy' brand, and protects consumers from confusion in the marketplace.”

To protect the “Roxy” mark against Kymsta's use of the confusingly similar “Roxywear” on juniors apparel, Quiksilver originally filed the action, Quiksilver, Inc. vs. Kymsta Corp., in the United States District Court for the Central District of California in May, 2002.

After a two-week jury trial in 2004, the Federal District Court awarded Quiksilver judgment as a matter of law, granting Quiksilver the relief it requested, namely, an injunction limiting Kymsta to its then-current use of “Roxywear” and preventing it from expanding, licensing or selling the mark. Kymsta appealed the injunction, and the Ninth Circuit in 2006 reversed the order, finding that certain issues should have been decided by the jury, and remanded for retrial.

While the case was on appeal, Kymsta dropped its junior line and started to use “Roxywear” on contemporary apparel. Given that Kymsta had ceased using “Roxywear” in the juniors market where it originated, and instead begun using “Roxywear” in the contemporary market -- where it had never been sold before -- Quiksilver in the retrial sought to enjoin Kymsta from all future use of the “Roxywear” mark.

Quiksilver Inc

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