In a case that garnered significant media attention, Cooley scored a complete win for virtual reality leader Oculus VR, who was hit with a trademark infringement suit by online video hosting company, Oculu LLC. Plaintiff registered the "Oculu" mark for use in connection with "streaming of audio and video by means of the Internet," and accused Oculus of selecting a brand name that causes confusion within the industry and among consumers. The case was filed in the Central District of California in 2014, just one month before Facebook announced that it would buy Oculus for $2 billion.
In June 2015, the district court judge granted summary judgment in favor of Oculus, finding that the products and services offered by the two companies were different enough that consumers would not confuse the similar company names. As part of our strategy, we also filed a counterclaim to cancel Oculu's trademark registration, an issue that the judge slated for a July 2015 bench trial. On the eve of the bench trial, Cooley negotiated a settlement that was a complete win for Oculus, with Oculu dismissing its case with prejudice.
