Clarification
We would like to thank you for your coverage (Dec. 30) of the “Jams,†“Knee Busters,†walk short, clam digger, jammies, baggies phenomenon. The coverage was excellent and we were happy to be mentioned. We have seen these long trunk/shorts with their bright colors really take off here in Southern California and across the nation. We believe your article helped add to the excitement surrounding this fashion trend.
I hope to clarify the use of the coined term and trademark “Knee Busters.†Our trademark was used both nationally and in Califoria as early as June 6 and 14, 1985, respectively.
Our concern at Op is that your article used our trademark generically. For the record: Knee Busters is a trademark owned by Ocean Pacific Sunwear, Ltd. And is not the generic term for articles of clothing variously referred to as walk shorts, clam diggers, jammies or baggies.
The article did point out a confusion that exists in the fashion industry over what to call these long trunk/shorts. I sympathize with the problem this presents for the writer, but “Knee Busters†is not a generic term. We were specifically trying to avoid a genericness issue addressed by Surfline Hawaii regarding use of the registered trademark “Jams,†which as the article correctly points out, has been around for nearly 30 years. “Knee Busters,†has been around for less than one year.
The trademark “Kneebusters†was coined on April 22 or 23 of 1985 at Laguna Beach Surf and Sand Hotel here in Southern California by one of our regional sales managers, Don Summey, and has been used by Ocean Pacific on products since June of 1985. The word was developed in response to the legal department’s request to come up with a name other than “Jams†to denote something other than a traditional short or trunk.
It appears that we have been too successful in coming up with a new word. As recently as last month USA Today did a piece on “Knee Busters†and to add insult to injury, didn’t even mention Op.
CRAIG O. CORRELL
Tustin
Correll is associate general counsel of Ocean Pacific Sunwear, Ltd.
