Judge sides with designer

The popular clothing designer who created Julius the monkey will be allowed to use his own name to market his future endeavors, a federal judge has ruled.

The decision was an early victory in the legal battle between designer Paul Frank Sunich and his former clothing company, Paul Frank Industries. In March, Sunich filed a lawsuit against the Costa Mesa clothing company alleging he had been illegally fired and was being blocked from using his name to market his artistic talents.

On Friday, U.S. District Judge Cormac Carney refused to issue a preliminary injunction on behalf of the company to block Sunich from using the name Paul Frank Design on a website or in future business endeavors.

The ruling explained that current Paul Frank Industries owners John Oswald and Ryan Heuser had tried to block Sunich from working with Fender Guitars to design a signature “Paul Frank” guitar strap or enter into employment discussions with Target, Girl Skateboards or Mossimo Giannulli.

“This court cannot, and will not, enjoin Mr. Sunich from seeking employment,” Carney wrote in his decision. “Nor will it enjoin him from introducing himself by name to potential suitors and explaining his background as one of the founders to ? [of Paul Frank Industries] and the ‘brain’ behind such icons as ‘Julius’ the monkey.”

Sunich was unavailable for comment at press time Tuesday, but his attorney, Howard King, expressed satisfaction with the ruling.

“It was the first skirmish in what is expected to be a long battle,” King said.

Sunich first started the company in 1995 from his Huntington Beach garage with the help of friends Oswald and Heuser.

The apparel line grew to be a hugely popular fashion company that annually posted $40 million in sales with retail outlets throughout the U.S., Europe and Asia, including a store in Costa Mesa’s South Coast Plaza.

The legal action paints a much different picture of Sunich’s departure than company officials originally tried to portray. In November, the clothing line issued a statement saying Sunich had parted ways to “pursue other interests” and would remain a significant stakeholder.

Sunich countered in March with a lawsuit alleging that he had been fired during an emergency board meeting and was forced to sell his share of the company for a fraction of its value.

His lawsuit could result in the sale of the company, King said.dpt.12-frank-BPhotoInfo771PSF1U20060412ilp98rnc(LA)Paul Frank, pictured at Orange Coast College in August 2005