Smash It Sports accused of trademark infringement

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A national sporting goods retailer based in Chili is being sued by high-end eyewear maker Oakley Inc. for allegedly selling counterfeit Oakley products.

“Products bearing the Oakley marks were obtained from defendant and have been examined and confirmed counterfeit by plaintiff’s representatives,” according to the 19-page complaint filed Thursday in U.S. District Court for the Western District of New York.

Defendant, Smash It Sports Inc., based at 1861 Scottsville Road, “has never been authorized by plaintiff to manufacture, sell or offer for sale products bearing any of the Oakley Marks,” according to the suit.

“Defendant has never been a licensee of plaintiff and has never been licensed in any manner to import, sell, distribute, or manufacture any merchandise bearing the Oakley Marks,” according to the complaint.

Oakley, which is based in Foothill Ranch, Calif., is best known for sporty eyewear, but the company’s products also include: clothing, footwear, watches, electronic devices, hats, athletic bags, and backpacks.

In addition to being reimbursed for the cost of the legal action, Oakley wants triple the profits generated by the sale of counterfeit Oakley merchandise, or up to $2 million per counterfeited item.

In the 1990s, Rick Schiffhauer started Smash It Sports as a home-based business that now has annual gross sales of about $30 million. Smash It is now the nation’s largest softball retailer and he also sells baseball equipment and apparel.

Schiffhauer said he has not been served with the complaint. After being provided with a copy of the complaint, he did not immediately respond with a comment for this story.

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