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 www.oneal.com