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Michael K. Friedland (SBN 157,217) mfriedland@kmob.com Paul N. Conover (SBN 192,358) pconover@kmob.com Ali S. Razai (SBN 246,922) ali.razai@kmob.com KNOBBE, MARTENS, OLSON & BEAR, LLP 2040 Main Street, Fourteenth Floor Irvine, CA 92614 Telephone: (949) 760-0404 Facsimile: (949) 760-9502 Attorneys for Plaintiff OAKLEY, INC.

IN THE UNITED STATES DISTRICT COURT 11 FOR THE SOUTHERN DISTRICT OF CALIFORNIA 12 13 OAKLEY, INC., a Washington corporation; 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ) ) Plaintiff, ) ) v. ) ) MOUNTAIN VIEW MARKETING, INC., a Utah ) corporation, ) ) Defendant. ) ) ) Case No. '11CV1607 AJB WMc COMPLAINT FOR PATENT INFRINGEMENT, TRADEMARK INFRINGEMENT, FALSE DESIGNATION OF ORIGIN, TRADEMARK DILUTION AND UNFAIR COMPETITION JURY DEMANDED

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Plaintiff Oakley, Inc. (Oakley) hereby complains of Defendant Mountain View Marketing, Inc. (Mountain View) and alleges as follows:

I. JURISDICTION AND VENUE


1. This Court has original subject matter jurisdiction over the claims in this action that relate to patent infringement, trademark infringement, false designation of origin, trademark dilution, and unfair competition pursuant to sections 34(a) and 39 of the Lanham Act, 15 U.S.C. 1116(a) and 1121(a), and 28 U.S.C. 1331 and 1338, as these claims arises under the laws of the United States. The Court has supplemental jurisdiction over the claims in this Complaint which arise under state statutory and common law pursuant to 28 U.S.C. 1367(a) because the state law claims are so related to the federal claims that they form part of the same case or controversy and derive from a common nucleus of operative facts. 2. This Court has personal jurisdiction over Defendant because Defendant has a

continuous, systematic, and substantial presence within this judicial district including by selling and offering for sale infringing products for sale in this judicial district, and by committing acts of patent infringement, trademark infringement, trademark dilution, false designation of origin, and unfair competition in this judicial district, including but not limited to selling infringing eyewear directly to consumers in this district and selling into the stream of commerce knowing such products would be sold in this state and this district, which acts form a substantial part of the events or omissions giving rise to Oakleys claims. 3. 1400(b). Venue is proper in this judicial district under 28 U.S.C. 1391 and 28 U.S.C.

II. THE PARTIES


4. Plaintiff Oakley is a corporation organized and existing under the laws of the State of Washington, having its principal place of business at One Icon, Foothill Ranch, California 92610. /// /// -1Complaint

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5.

Oakley is informed and believes, and thereon alleges, that Defendant

Mountain View is a corporation organized and existing under the laws of the state of Utah and having an office and a place of business at 215 N 1800 W, Lindon, Utah 84042. 6. Oakley is informed and believes, and thereon alleges, that Defendant has

committed the acts alleged herein within this judicial district.

III. GENERAL ALLEGATIONS


7. Oakley has been actively engaged in the manufacture and sale of high quality eyewear since at least 1985. Oakley is the manufacturer and retailer of several lines of eyewear that have enjoyed substantial success and are protected by various intellectual property rights owned by Oakley. 8. On February 7, 1995, the United States Patent and Trademark Office

(U.S.P.T.O) duly and lawfully issued United States Patent No. 5,387,949 (the 949 patent), entitled EYEGLASS CONNECTION DEVICE. Oakley is the owner by

assignment of all right, title, and interest in the 949 patent. A true and correct copy of the 949 patent is attached hereto as Exhibit A. 9. On June 10, 1997, the U.S.P.T.O. duly and lawfully issued United States

Patent No. 5,638,145 (the 145 patent), entitled VENTED EYEGLASS LENS. Oakley is the owner by assignment of all right, title, and interest in the 145 patent. A true and correct copy of the 145 patent is attached hereto as Exhibit B. 10. On May 29, 2007, the U.S.P.T.O. duly and lawfully issued United States

Design Patent No. D543,572 (the D572 patent), entitled EYEGLASS, designing and claiming the design and ornamentation disclosed therein. Oakley is the owner by assignment of all right, title, and interest in the D572 patent. A true and correct copy of the D572 patent is attached hereto as Exhibit C. /// /// /// /// -2Complaint

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11.

On June 1, 2010, the U.S.P.T.O. duly and lawfully issued United States

Design Patent No. D616,919 (the D919 patent), entitled EYEGLASS FRONT, designing and claiming the design and ornamentation disclosed therein. Oakley is the owner by assignment of all right, title, and interest in the D919 patent. A true and correct copy of the D919 patent is attached hereto as Exhibit D. 12. On November 25, 2008, the U.S.P.T.O. duly and lawfully issued United States

Design Patent No. D581,450 (the D450 patent), entitled EYEGLASS, designing and claiming the design and ornamentation disclosed therein. Oakley is the owner by assignment of all right, title, and interest in the D450 patent. A true and correct copy of the D450 patent is attached hereto as Exhibit E. 13. In order to protect Oakleys investment in the development of its proprietary

technology, Oakley has obtained numerous trademark registrations including Trademark Registration Nos. 3,331,124, 2,616,423, 2,146,295, and 1,984,501 (the Oakley Marks). 14. Oakley is the owner of Trademark Registration No. 3,331,124. Trademark

Registration No. 3,331,124 was registered with the U.S.P.T.O. on November 6, 2007 on the Principal Register. Trademark Registration No. 3,331,124 is associated with the following goods: protective eyewear, namely spectacles, prescription eyewear, anti glare glasses and sunglasses and their parts and accessories, namely replacement lenses, frames, earstems, and nose pieces; cases specially adapted for spectacles and sunglasses and their parts and accessories; and protective clothing, namely, racing pants; clothing, namely, t-shirts, beachwear, blouses, sports shirts, jerseys, swimwear, swimtrunks, shorts, underwear, shirts, pants, ski and snowboard pants and jackets, jeans, vests, jackets, wetsuits, sweaters, pullovers, coats, sweatpants, headwear, namely, hats, caps, visors and footwear, namely wetsuit booties, shoes, sandals, athletic footwear, all purpose sports footwear, thongs and boots. A true and correct copy of the certificate of registration of Trademark Registration 3,331,124 is attached hereto as Exhibit F. 15. Oakley is the owner of Trademark Registration No. 2,616,423. Trademark

Registration No. 2,616,423 was registered with the U.S.P.T.O. on September 10, 2002 on the -3Complaint

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Principal Register. Trademark Registration No. 2,616,423 is associated with the following goods: protective and/or anti-glare eyewear, namely, sunglasses, spectacles and their parts and accessories, namely, replacement lenses, earstems, frames, nose pieces and foam strips; cases specially adapted for protective and/or anti-glare eyewear and their parts and accessories. A true and correct copy of the certificate of registration of Trademark

Registration 2,616,423 is attached hereto as Exhibit G. 16. Oakley is the owner of Trademark Registration No. 2,146,295. Trademark

Registration No. 2,146,295 was registered with the U.S.P.T.O. on March 24, 1998 on the Principal Register. Trademark Registration No. 2,146,295 is associated with the following goods: protective and/or anti-glare eyewear, namely, sunglasses, goggles, spectacles and their parts and accessories, namely, replacement lenses, earstems, frames, nose pieces and foam strips; cases specially adapted for protective and/or anti-glare eyewear and their parts and accessories. A true and correct copy of the certificate of registration of Trademark

Registration 2,146,295 is attached hereto as Exhibit H. 17. Oakley is the owner of Trademark Registration No. 1,984,501. Trademark

Registration No. 1,984,501 was registered with the U.S.P.T.O. on July 2, 1996 on the Principal Register. Trademark Registration No. 1,984,501 is associated with the following goods: protective and/or anti-glare eyewear, namely sunglasses, goggles, spectacles and their parts and accessories, namely replacement lenses, earstems, frames, nose pieces and foam strips; cases specially adapted for protective and/or anti-glare eyewear and their parts and accessories; clothing and headwear, namely T-shirts, sweatshirts, jackets, hats, and caps. A true and correct copy of the certificate of registration of Trademark Registration 1,984,501 is attached hereto as Exhibit I. 18. 19. The Oakley Marks have not been abandoned, canceled or revoked. Each of the Oakley Marks constitute an enforceable trademark that uniquely

identifies, inter alia, sunglasses as emanating from, sponsored by, and/or authorized by Oakley. /// -4Complaint

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20.

As a result of the widespread use and display of each of the Oakley Marks as a

distinctive trademark identifying, inter alia, eyewear and related components, (a) the public has come to recognize and identify products bearing any of the Oakley Marks as emanating from Oakley, (b) the public recognizes that products bearing any of the Oakley Marks constitute high quality products that conform to the specifications created by Oakley, and (c) the each of the Oakley Marks has established strong secondary meaning and extensive goodwill.

IV. FIRST CLAIM FOR RELIEF


(Patent Infringement) (35 U.S.C. 271) 21. Oakley repeats and re-alleges the allegations of paragraphs 1-20 of this

Complaint as if set forth fully herein. 22. Defendant, through its agents, employees and servants, has, and continues to,

knowingly, intentionally and willfully directly infringe, engage in acts of contributory infringement, and/or induce the infringement of the 949 patent by directly and/or indirectly making, using, selling, offering for sale and/or importing products which are covered by one or more claims of the 949 patent. 23. Defendants acts of infringement of the 949 patent were undertaken without

permission or license from Oakley. Defendant had actual and/or constructive knowledge of the 949 patent, and its actions constitute willful and intentional infringement of the 949 patent. 24. Defendant, through its agents, employees and servants, has, and continues to,

knowingly, intentionally and willfully directly infringe, engage in acts of contributory infringement, and/or induce the infringement of the 145 patent by directly and/or indirectly making, using, selling, offering for sale and/or importing products which are covered by one or more claims of the 145 patent. 25. Defendants acts of infringement of the 145 patent were undertaken without

permission or license from Oakley. Defendant had actual and/or constructive knowledge of -5Complaint

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the 145 patent, and its actions constitute willful and intentional infringement of the 145 patent. 26. Defendant, through its agents, employees and servants, has, and continues to,

knowingly, intentionally and willfully directly infringe, engage in acts of contributory infringement, and/or induce the infringement of the D572 patent by directly and/or indirectly making, using, selling, offering for sale and/or importing products which are covered by one or more claims of the D572 patent. 27. Defendants acts of infringement of the D572 patent were undertaken without

permission or license from Oakley. Defendant had actual and/or constructive knowledge of the D572 patent, and its actions constitute willful and intentional infringement of the D572 patent. 28. Defendant, through its agents, employees and servants, has, and continues to,

knowingly, intentionally and willfully directly infringe, engage in acts of contributory infringement, and/or induce the infringement of the D919 patent by directly and/or indirectly making, using, selling, offering for sale and/or importing products which are covered by one or more claims of the D919 patent. 29. Defendants acts of infringement of the D919 patent were undertaken without

permission or license from Oakley. Defendant had actual and/or constructive knowledge of the D919 patent, and its actions constitute willful and intentional infringement of the D919 patent. 30. Defendant, through its agents, employees and servants, has, and continues to,

knowingly, intentionally and willfully directly infringe, engage in acts of contributory infringement, and/or induce the infringement of the D450 patent by directly and/or indirectly making, using, selling, offering for sale and/or importing products which are covered by one or more claims of the D450 patent. /// /// /// -6Complaint

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31.

Defendants acts of infringement of the D450 patent were undertaken without

permission or license from Oakley. Defendant had actual and/or constructive knowledge of the D450 patent, and its actions constitute willful and intentional infringement of the D450 patent. 32. Oakley is informed and believes, and thereon alleges, that Defendant has

derived and received, and will continue to derive and receive, gains, profits and advantages from the aforesaid acts of infringement in an amount that is not presently known to Oakley. By reason of the aforesaid infringing acts, Oakley has been damaged and is entitled to monetary relief in an amount to be determined at trial. 33. Due to the aforesaid infringing acts, Oakley has suffered and continues to

suffer great and irreparable injury, for which Oakley has no adequate remedy at law.

V. SECOND CLAIM FOR RELIEF


(Federal Trademark Infringement) (15 U.S.C. 1114) 34. Oakley repeats and re-alleges the allegations of paragraphs 1-33 of this

Complaint as if set forth fully herein. 35. 36. This is a claim for trademark infringement arising under 15 U.S.C. 1114. Upon information and belief, Defendant is involved in the manufacture, sale,

offer for sale, distribution, import and/or export of sunglasses that bear one or more of the Oakley Marks without Oakleys consent. 37. Upon information and belief, long after Oakleys adoption and use of each of

the Oakley Marks, after the federal registration of each of the Oakley Marks, and after each of the Oakley Marks had become famous, Defendant has affixed and used one or more of the Oakley Marks without Oakleys consent in a manner that infringes upon Oakleys rights in the Oakley Marks in violation of 15 U.S.C. 1114. /// /// /// -7Complaint

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38.

Without Oakleys consent, Defendant uses in commerce marks that are

confusing similar to the Oakley Marks in connection with the sale, offering for sale, distribution or advertising of goods in a manner which is likely to cause confusion, or to cause mistake, or to deceive. 39. Oakley is informed and believes, and thereon alleges, that Defendant did so

with the intent to unfairly compete with Oakley, to trade upon Oakleys reputation and goodwill by causing confusion and mistake among customers and the public, and to deceive the public into believing that Defendants products are associated with, sponsored by, originated from, or are approved by Oakley, when they are not. 40. Defendants activities constitute willful and intentional infringement of the

Oakley Marks in total disregard of Oakleys proprietary rights, and were done despite Defendants knowledge that the use of the Oakley Marks was and is in direct contravention of Oakleys rights. 41. Oakley is informed and believes, and thereon alleges, that Defendant has

derived and received, and will continue to derive and receive, gains, profits and advantages from the use of the Oakley Marks in an amount that is not presently known to Oakley. By reason of Defendants actions, constituting unauthorized use of the Oakley Marks, Oakley has been damaged and is entitled to monetary relief in an amount to be determined at trial. 42. Due to Defendants actions, constituting unauthorized use of the Oakley

Marks, Oakley has suffered and continues to suffer great and irreparable injury, for which Oakley has no adequate remedy at law.

VI. THIRD CLAIM FOR RELIEF


(Federal Unfair Competition & False Designation of Origin) (15 U.S.C. 1125(a)) 43. Oakley repeats and re-alleges the allegations of paragraphs 1-42 of this

Complaint as if set forth fully herein. 44. This is a claim for unfair competition and false designation of origin arising

under 15 U.S.C. 1125(a). -8Complaint

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45.

Defendants use of the Oakley Marks without Oakleys consent constitutes a

false designation of origin, false or misleading description of fact, or false or misleading representation of fact, which is likely to cause confusion, or to cause mistake, or to deceive as to the affiliation, connection, or association of such person with another person, or as to the origin, sponsorship, or approval of his or her goods or commercial activities by another person in violation of 15 U.S.C. 1125(a). 46. Defendants use of the Oakley Marks without Oakleys consent constitutes a

false designation of origin, false or misleading description of fact, or false or misleading representation of fact, which in commercial advertising or promotion, misrepresents the nature, characteristics, qualities, or geographic origin of his or her or another persons goods or commercial activities in violation of 15 U.S.C. 1125(a). 47. Such conduct by Defendant is likely to confuse, mislead, and deceive

Defendants customers, purchasers, and members of the public as to the origin of the Oakley Marks or cause said persons to believe that Defendant and/or its products have been sponsored, approved, authorized, or licensed by Oakley or are in some way affiliated or connected with Oakley, all in violation of 15 U.S.C. 1125(a). 48. Upon information and belief, Defendants actions were undertaken willfully

with full knowledge of the falsity of such designation of origin and false descriptions or representations, and with the express intent to cause confusion, and to mislead and deceive the purchasing public. 49. Oakley is informed and believes, and thereon alleges, that Defendant has

derived and received, and will continue to derive and receive, gains, profits and advantages from Defendants false designation of origin, false or misleading description of fact, or false or misleading representation of fact in an amount that is not presently known to Oakley. By reason of Defendants actions, constituting false designation of origin, false or misleading description of fact, or false or misleading representation of fact, Oakley has been damaged and is entitled to monetary relief in an amount to be determined at trial. /// -9Complaint

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50.

Due to Defendants actions, constituting false designation of origin, false or

misleading description of fact, or false or misleading representation of fact, Oakley has suffered and continues to suffer great and irreparable injury, for which Oakley has no adequate remedy at law.

VII. FOURTH CLAIM FOR RELIEF


(Federal Trademark Dilution) (15 U.S.C. 1125(c)) 51. Oakley repeats and re-alleges the allegations of paragraphs 1-50 of this

Complaint as if set forth fully herein. 52. 53. This is a claim for trademark dilution under 15 U.S.C. 1125(c). The products sold by Oakley under the Oakley Marks have been widely

advertised, promoted, and distributed to the purchasing public throughout the United States and the world. 54. Products sold under the Oakley Marks, by reason of their style and design and

quality of workmanship, have come to be known to the purchasing public throughout the United States as representing products of high quality, which are sold under good merchandising and customer service conditions. As a result, the Oakley Marks, and the goodwill associated therewith, are of great value to Oakley. 55. By virtue of the wide renown acquired by the Oakley Marks, coupled with the

national and international distribution and extensive sale of various products distributed under this trademark, each of the Oakley Marks has become famous. 56. Upon information and belief, Defendants actions were done willfully with

intent to exploit Oakleys reputation and dilute the Oakley Marks. 57. By reason of the aforesaid acts constituting trademark dilution, Oakley has

been damaged and is entitled to monetary relief in an amount to be determined at trial. 58. Due to Defendants actions, constituting trademark dilution, Oakley has

suffered and continues to suffer great and irreparable injury, for which Oakley has no adequate remedy at law. -10Complaint

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 65. law. 61. 59.

VIII. FIFTH CLAIM FOR RELIEF


(California Common Law Trademark Infringement) Oakley repeats and re-alleges the allegations of paragraphs 1-58 of this

Complaint as if set forth fully herein. 60. This is a claim for trademark infringement, arising under California common

Defendants acts complained of herein constitute trademark infringement Defendants acts complained of herein are willful and

under California common law.

deliberate and committed with knowledge that Defendants unauthorized use of the Oakley Marks causes a likelihood of confusion. 62. Oakley is informed and believes, and thereon alleges, that Defendant has

derived and received and will continue to derive and receive, gains, profits and advantages from Defendants trademark infringement in an amount that is not presently known to Oakley. By reason of Defendants wrongful acts as alleged in this Complaint, Oakley has been damaged and is entitled to monetary relief in an amount to be determined at trial. 63. Due to Defendants trademark infringement, Oakley has suffered and

continues to suffer great and irreparable injury for which Oakley has no adequate remedy at law. 64. Defendants willful acts of trademark infringement under California common

law constitute fraud, oppression and malice. Accordingly, Oakley is entitled to exemplary damages.

IX. SIXTH CLAIM FOR RELIEF


(California Unfair Competition) Oakley repeats and re-alleges the allegations of paragraphs 1-64 of this

Complaint as if set forth fully herein. 66. This is a claim for unfair competition, arising under California Business &

Professions Code 17200, et seq and California common law. /// -11Complaint

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67.

Defendants acts of trademark infringement, false designation of origin,

trademark dilution, and trade dress infringement complained of herein constitute unfair competition with Oakley under the common law and statutory laws of the State of California, particularly California Business & Professions Code 17200 et seq. 68. Oakley is informed and believes, and thereon alleges, that Defendant has

derived and received, and will continue to derive and receive, gains, profits and advantages from Defendants unfair competition in an amount that is not presently known to Oakley. By reason of Defendants wrongful acts as alleged in this Complaint, Oakley has been damaged and is entitled to monetary relief in an amount to be determined at trial. 69. By its actions, Defendant has injured and violated the rights of Oakley and has

irreparably injured Oakley, and such irreparable injury will continue unless Defendant is enjoined by this Court. WHEREFORE, Oakley prays for judgment in its favor against Defendant for the following relief; A. An Order adjudging Defendant to have willfully infringed the 949 patent, the

145 patent, the D572 patent, the D919 patent, and the D450 patent, under 35 U.S.C. 271; B. A preliminary and permanent injunction enjoining Defendant, its respective

officers, directors, agents, servants, employees and attorneys, and those persons in active concert or participation with Defendant, from directly or indirectly infringing the 949 patent, the 145 patent, the D572 patent, the D919 patent, or the D450 patent, in violation of 35 U.S.C. 271; C. That Defendant account for all gains, profits, and advantages derived by

Defendants infringement of the 949 patent, the 145 patent, the D572 patent, the D919 patent, and the D450 patent, in violation of 35 U.S.C. 271, and that Defendant pay to Oakley all damages suffered by Oakley; D. A preliminary and permanent injunction against Defendant, its agents,

servants, employees, representatives, successors, and assigns, and all persons, firms, or corporations in active concert or participation with Defendant, enjoining them from engaging -12Complaint

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in the following activities and from assisting or inducing, directly or indirectly, others to engage in the following activities: 1. using any of the Oakley Marks, or any other mark, symbol, or logo that is confusingly similar to any of the Oakley Marks on or in connection with any goods including, but not limited to sunglasses, goggles and replacement parts; 2. falsely designating the origin of Defendants goods; 3. unfairly competing with Oakley in any manner whatsoever; 4. causing a likelihood of confusion or injuries to Oakleys business reputation; and 5. manufacturing, using, displaying, distributing, or selling any goods that infringe any of the Oakley Marks. E. That Defendant be required to account to Oakley for any and all profits

derived by its acts of trademark infringement, false designation of origin, trademark dilution, trade dress infringement, and unfair competition complained of in this Complaint. F. That Defendant's acts of trademark infringement, false designation of origin,

trademark dilution, trade dress infringement, and unfair competition complained of in this Complaint be deemed willful; that this be deemed an exceptional case; and that Oakley be entitled to enhanced damages. G. That Oakley have and recover the costs of this civil action, including

reasonable attorneys fees. H. An award of pre-judgment and post-judgment interest and costs of this action

against Defendant; /// /// /// /// /// -13Complaint

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I.

Such other and further relief as this Court may deem just. Respectfully submitted, KNOBBE, MARTENS, OLSON & BEAR, LLP

Dated: July 21, 2011

By: s/Ali S. Razai Michael K. Friedland Paul N. Conover Ali S. Razai Attorneys for Plaintiff OAKLEY, INC.

-14-

Complaint

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11574766 071311

DEMAND FOR JURY TRIAL Plaintiff Oakley, Inc. hereby demands a trial by jury on all issues so triable.

KNOBBE, MARTENS, OLSON & BEAR, LLP

Dated: July 21, 2011

By: s/Ali S. Razai Michael K. Friedland Paul N. Conover Ali S. Razai Attorneys for Plaintiff OAKLEY, INC.

-15-

Jury Demand

2JS 44 (Rev. 12/07)

CIVIL COVER SHEET

The JS 44 civil cover sheet and the information contained herein neither replace nor supplement the filing and service of pleadings or other papers as required by law, except as provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is required for the use of the Clerk of Court for the purpose of initiating the civil docket sheet. (SEE INSTRUCTIONS ON THE REVERSE OF THE FORM.)

I. (a) PLAINTIFFS Oakley, Inc. (b) County of Residence of First Listed Plaintiff
(EXCEPT IN U.S. PLAINTIFF CASES)

DEFENDANTS

Mountain View Marketing, Inc.


County of Residence of First Listed Defendant
(IN U.S. PLAINTIFF CASES ONLY) NOTE: IN LAND CONDEMNATION CASES, USE THE LOCATION OF THE LAND INVOLVED.

(c) Attorneys (Firm Name, Address, and Telephone Number) Michael Friedland, Paul Conover, Ali Razai Knobbe Martens Olson & Bear., LLP 2040 Main Street, 14th Floor, Irvine CA 949-760-0404 II. BASIS OF JURISDICTION
u 1
U.S. Government Plaintiff (Place an X in One Box Only)

Attorneys (If Known)

'11CV1607 AJB WMc


DEF u 1 and One Box for Defendant) PTF DEF Incorporated or Principal Place u 4 u 4 of Business In This State Incorporated and Principal Place of Business In Another State Foreign Nation

III. CITIZENSHIP OF PRINCIPAL PARTIES(Place an X in One Box for Plaintiff


(For Diversity Cases Only) PTF u 1 Citizen of This State Citizen of Another State

u 3 Federal Question (U.S. Government Not a Party) u 4 Diversity


(Indicate Citizenship of Parties in Item III)

u 2

U.S. Government Defendant

u 2 u 3

u u

u 5 u 6

u 5 u 6

Citizen or Subject of a Foreign Country

IV. NATURE OF SUIT


CONTRACT

(Place an X in One Box Only) TORTS PERSONAL INJURY 310 Airplane 315 Airplane Product Liability 320 Assault, Libel & Slander 330 Federal Employers Liability 340 Marine 345 Marine Product Liability 350 Motor Vehicle 355 Motor Vehicle Product Liability 360 Other Personal Injury CIVIL RIGHTS 441 Voting 442 Employment 443 Housing/ Accommodations 444 Welfare 445 Amer. w/Disabilities Employment 446 Amer. w/Disabilities Other 440 Other Civil Rights PERSONAL INJURY u 362 Personal Injury Med. Malpractice u 365 Personal Injury Product Liability u 368 Asbestos Personal Injury Product Liability PERSONAL PROPERTY u 370 Other Fraud u 371 Truth in Lending u 380 Other Personal Property Damage u 385 Property Damage Product Liability PRISONER PETITIONS u 510 Motions to Vacate Sentence Habeas Corpus: u 530 General u 535 Death Penalty u 540 Mandamus & Other u 550 Civil Rights u 555 Prison Condition

FORFEITURE/PENALTY

BANKRUPTCY

OTHER STATUTES

u u u u u u u u u u u u u u u u u u

110 Insurance 120 Marine 130 Miller Act 140 Negotiable Instrument 150 Recovery of Overpayment & Enforcement of Judgment 151 Medicare Act 152 Recovery of Defaulted Student Loans (Excl. Veterans) 153 Recovery of Overpayment of Veterans Benefits 160 Stockholders Suits 190 Other Contract 195 Contract Product Liability 196 Franchise REAL PROPERTY 210 Land Condemnation 220 Foreclosure 230 Rent Lease & Ejectment 240 Torts to Land 245 Tort Product Liability 290 All Other Real Property

u u u u u u u u u u u u u u u u

u 610 Agriculture u 620 Other Food & Drug u 625 Drug Related Seizure of Property 21 USC 881 u 630 Liquor Laws u 640 R.R. & Truck u 650 Airline Regs. u 660 Occupational Safety/Health u 690 Other LABOR u 710 Fair Labor Standards Act u 720 Labor/Mgmt. Relations u 730 Labor/Mgmt.Reporting & Disclosure Act u 740 Railway Labor Act u 790 Other Labor Litigation u 791 Empl. Ret. Inc. Security Act
IMMIGRATION u 462 Naturalization Application u 463 Habeas Corpus Alien Detainee u 465 Other Immigration Actions

u 422 Appeal 28 USC 158 u 423 Withdrawal 28 USC 157


PROPERTY RIGHTS u 820 Copyrights u X 830 Patent u 840 Trademark

u u u u u u u u u u u u u u u u u u u

SOCIAL SECURITY 861 HIA (1395ff) 862 Black Lung (923) 863 DIWC/DIWW (405(g)) 864 SSID Title XVI 865 RSI (405(g)) FEDERAL TAX SUITS u 870 Taxes (U.S. Plaintiff or Defendant) u 871 IRSThird Party 26 USC 7609

u u u u u

400 State Reapportionment 410 Antitrust 430 Banks and Banking 450 Commerce 460 Deportation 470 Racketeer Influenced and Corrupt Organizations 480 Consumer Credit 490 Cable/Sat TV 810 Selective Service 850 Securities/Commodities/ Exchange 875 Customer Challenge 12 USC 3410 890 Other Statutory Actions 891 Agricultural Acts 892 Economic Stabilization Act 893 Environmental Matters 894 Energy Allocation Act 895 Freedom of Information Act 900Appeal of Fee Determination Under Equal Access to Justice 950 Constitutionality of State Statutes

V. ORIGIN

u 1 Original Proceeding

u 2 Removed from
State Court

(Place an X in One Box Only)

Appeal to District

VI. CAUSE OF ACTION

Appellate Court Judgment Cite the U.S. Civil Statute under which you are filing (Do not cite jurisdictional statutes unless diversity): 35 U.S.C. 271, 15 U.S.C. 1114, 15 U.S.C. 1125 Brief description of cause: Patent Infringement, Federal Trademark Infringement, Federal Unfair Competition and False Designation of Origin,
Federal Trademark Dilution, California Common Law Trademark Infringement, and California Unfair Competition.

u 3 Remanded from

u 4 Reinstated or u 5 Transferred from u 6 Multidistrict another district Reopened Litigation (specify)

u 7 Judge from Magistrate

u CHECK IF THIS IS A CLASS ACTION VII. REQUESTED IN UNDER F.R.C.P. 23 COMPLAINT: VIII. RELATED CASE(S) (See instructions): JUDGE IF ANY
DATE

DEMAND $

CHECK YES only if demanded in complaint: Yes u u No JURY DEMAND: DOCKET NUMBER

SIGNATURE OF ATTORNEY OF RECORD

07/21/2011
FOR OFFICE USE ONLY RECEIPT # AMOUNT

s/ Ali S. Razai
APPLYING IFP JUDGE MAG. JUDGE