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Wal-Mart Sells Knockoffs, Clothier Says

LOS ANGELES (CN) - Wal-Mart sold counterfeit Roxy clothing, willfully and deliberately profiting from wrongful use of the famous mark, trademark-owner Quicksilver Inc. claims in Federal Court.

Quicksilver, based in Huntington Beach, claims its investigator found fake Roxy sweatshirts in an Oakland Wal-Mart. Wal-Mart is not a licensed Roxy distributor. Quicksilver claims Wal-Mart intended to confuse consumers, and to profit from Roxy's advertising campaign.

Wal-Mart "acted knowingly, deliberately and willfully with the intent to trade on Plaintiff's reputation and to dilute Plaintiff's Roxy Marks," the complaint states.

Wal-Mart sold its knockoffs "in a confusingly deceptive manner, they are of obvious inferior quality when compared to the authentic products ... and they are priced in such a way that the implication to the buying public is that these items are indeed genuine," the complaint states.

Quicksilver claims that the fakes have generated consumer complaints and continue to threaten buyer loyalty.

Represented by the Blakely Law Group of Hollywood, plaintiff seeks accounting, disgorgement and treble damages.

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