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Gavrieli Brands v. Guangzhou Deqifu Trading - Complaint
Gavrieli Brands v. Guangzhou Deqifu Trading - Complaint
1 THE PARTIES
2 6. Gavrieli is a California limited liability company with its principal
3 place of business at 5731 Buckingham Parkway, Culver City, California 90230.
4 7. Aohaolee is a company from the People’s Republic of China. Upon
5 information and belief, its principal place of business, as listed on the Aohaolee
6 official website, is located at Room 401-403, YiJiaYuan Business Center,
7 PingZhou, NanHai Town, Foshan City, Guangdong, China. An additional address
8 for Aohaolee is listed on its online AliExpress business certificate, which provides
9 the address, Room 627, No. 12 (Building A) Jingyou Road, Tianhe District,
10 Guangzhou, China. Upon information and belief, Aohaolee may be served with
11 process, under the Hague Convention, at its address located in Foshan, China
12 and/or its address in Guangzhou, China.
13 8. Aohaolee offers for sale and sells the Accused Products through the
14 Aohaolee official website (https://www.aohaolee.com/), and through its AliExpress
15 Web Store
16 (https://aohaolee2u.aliexpress.com/store/2784161?spm=a2g0o.store_home.pcShop
17 Head_11529713.0).
18 JURISDICTION AND VENUE
19 9. This action arises under the patent laws of the United States, 35 U.S.C.
20 § 1 et seq., the Trademark Act of 1946, 15 U.S.C. § 1051, et seq. (the “Lanham
21 Act”), and under the statutory laws of California, Cal. Bus. Prof. Code § 17200 et
22 seq.
23 10. This Court has original jurisdiction over the subject matter of this
24 action pursuant to 28 U.S.C. §§ 1331, 1338(a) and (b), 2201, 2202, 15 U.S.C. §
25 1121, and the patent laws of the United States, including 35 U.S.C. § 271 et seq.
26 This Court has supplemental jurisdiction over Gavrieli’s unfair competition and
27 unjust enrichment claims under 28 U.S.C. § 1367 because they arise from the same
28 set of operative facts as the patent and registered trademark infringement claims
MORGAN, LEWIS &
BOCKIUS LLP
ATTORNEYS AT LAW
3 COMPLAINT
SILICON VALLEY
Case 2:21-cv-00586 Document 1 Filed 01/21/21 Page 4 of 32 Page ID #:4
1 California.
2 14. This Court’s exercise of personal jurisdiction over Aohaolee is
3 consistent with the California Long Arm Statute, Cal. Code Civ. Proc. § 410.10,
4 and traditional notions of fair play and substantial justice.
5 15. Venue is proper as to Aohaolee, which is organized under the law of
6 the People’s Republic of China, under 28 U.S.C. § 1391(c)(3) that provides, “a
7 defendant not resident in the United States may be sued in any judicial district, and
8 the joinder of such a defendant shall be disregarded in determining where the action
9 may be brought with respect to other defendants.”
10 FACTUAL ALLEGATIONS
11 16. Gavrieli is well known around the world for its Tieks® by Gavrieli
12 line of footwear (“Tieks®”). Through Gavrieli’s significant investment in research,
13 design, development, and marketing, Tieks® has come to possess a distinctive
14 design, instantly recognizable by its many unique features, including, but not
15 limited to, a colored outsole that peeks out from under the upper portion while the
16 flats are being worn—known as the “Peekaboo” outsole. These design features are
17 essential to the Tieks® brand identity and are recognized in the marketplace as a
18 designator of the Tieks® brand. An example Tieks® shoe is shown below:
19
20
21
22
23
24
25
26 17. Tieks® are available in over fifty (50) styles and patterns, and retail
27 for $175 to $345 per pair. Sold out styles and patterns of Tieks® are often resold
28 by consumers on secondary markets, such as Poshmark and eBay, for well-above
MORGAN, LEWIS &
BOCKIUS LLP
ATTORNEYS AT LAW
5 COMPLAINT
SILICON VALLEY
Case 2:21-cv-00586 Document 1 Filed 01/21/21 Page 6 of 32 Page ID #:6
1 flat for which Gavrieli has garnered acclaim in the fashion industry and among
2 consumers.
3 30. THE BALLET FLAT REINVENTED® trademark is a word mark
4 and has U.S. Registration No. 4,375,006. Exhibit G; see also Exhibit H (the Mark’s
5 TESS search results as of 12/30/2020).
6 31. Gavrieli has been using THE BALLET FLAT REINVENTED®
7 trademark in interstate commerce since at least as early as 2011.
8 32. As a result of its exclusive and longstanding use, “THE BALLET
9 FLAT REINVENTED®” mark has become widely known and recognized
10 throughout the United States (and elsewhere), as closely identified with Gavrieli,
11 representing the substantial, and valuable goodwill of the Gavrieli company and the
12 Tieks® brand.
13 Aohaolee’s Infringing Activities
14 33. As shown below, the Accused Products and the Defendant’s website
15 mimic several designs protected by Gavrieli’s intellectual property, including its
16 valuable patent and trademark rights.
17 34. Rather than create their own distinctive product design, Aohaolee
18 chose to embark on a campaign to systematically copy Gavrieli’s distinctive
19 footwear in order to improperly exploit the goodwill Gavrieli has spent years
20 building in the marketplace. Even a cursory comparison of Tieks® with the
21 Accused Products reveals the extent of this misappropriation of Gavrieli intellectual
22 property. See Exhibit N-1.
23
24
25
26
27
28
MORGAN, LEWIS &
BOCKIUS LLP
ATTORNEYS AT LAW
8 COMPLAINT
SILICON VALLEY
Case 2:21-cv-00586 Document 1 Filed 01/21/21 Page 9 of 32 Page ID #:9
1
2 Exemplary Tieks® Exemplary Accused Product
3
4
5
6
7
8
9
10 35. As stated previously, Aohaolee offers for sale the Accused Products
11 through its official website and its AliExpress store with the name “Aohaolee 2 U.”
12 A pair of the Accused Products from the Aohaolee 2 U AliExpress store was
13 purchased on November 24, 2020, for delivery within this district to Inglewood,
14 CA. Below is a screenshot of the order invoice reflecting the purchase of the
15 Accused Products, also attached as Ex. I.
16
17
18
19
20
21
22
23
24
25
26
36. On December 10, 2020, the above-referenced pair of the Accused
27
Products were received in Inglewood, CA.
28
MORGAN, LEWIS &
BOCKIUS LLP
ATTORNEYS AT LAW
9 COMPLAINT
SILICON VALLEY
Case 2:21-cv-00586 Document 1 Filed 01/21/21 Page 10 of 32 Page ID #:10
1 Tieks Website
2
3
4
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6
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8
9
10
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12
13
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MORGAN, LEWIS &
BOCKIUS LLP
ATTORNEYS AT LAW
11 COMPLAINT
SILICON VALLEY
Case 2:21-cv-00586 Document 1 Filed 01/21/21 Page 12 of 32 Page ID #:12
1
Aohaolee Website
2
3
4
5
6
7
8
9
10
11
12
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20
38. Since Aohaolee began selling the Accused Products, Gavrieli has been
21
contacted directly by concerned Tieks® customers about the Accused Products and
22
Aohaolee’s blatant copying of Tieks® designs.
23
39. For example, one Tieks® customer contacted Gavrieli’s customer
24
service directly with the message: “Brand is Aohaolee and these seem to be a Tieks
25
knockoff[.]” See Ex. L.
26
40. Another Tieks® customer observed that Aohaolee was using the name
27
Tieks® in its Frequently Asked Questions (“FAQ”) posting:
28
MORGAN, LEWIS &
BOCKIUS LLP
ATTORNEYS AT LAW
12 COMPLAINT
SILICON VALLEY
Case 2:21-cv-00586 Document 1 Filed 01/21/21 Page 13 of 32 Page ID #:13
1
2 “Comment: I am reporting a counterfeit website and ebay listing.
3 I saw a pair of ballet flats listed on ebay. It didn't state the name in the title or
4 in the sellers description. However, under item specifics it states the brand:
Aohaolee
5
6 https://www.ebay.com/itm/Womens-Italian-Leather-Foldable-Ballet-Flat-
Round-Toe-Comfy-Matte-Wine-
7 Red8/123674588448?hash=item1ccb947520:g:XmUAAOSw5wJcVGdz
8
https://www.aohaolee.com/faqs/
9
10 Please take a moment to check out their FAQ. It clearly states your trade
name several times.
11
12 ‘Tieks run pretty true to size, so if you’re a full size, that’s also your Tieks
size! For more info on sizing, check out our Size Chart.’
13
14 ‘Tieks don’t have built-in arch support, but they are designed with a
unique shape and padding for comfort and durability. If you prefer
15 additional support, Tieks can accommodate many types of orthotic inserts.’”
16 See Ex. M.
17 41. The Accused Products, including the styles “Wine Red,” “Sweet
18 Orange,” “Queen Gold,” “Peacock Blue,” “Nude,” “Noble Silver,” “Navy Blue,”
19 “Mint Blue,” “Lemon Yellow,” “Lavender Purple,” “Coffee Brown,” “Classic
20 Grey,” “Classic Black,” “Bright Red,” “Bright Fuchsia,” and “Adobe Brown,” that
21 are sold or offered for sale by Aohaolee on the Aohaolee website and AliExpress
22 Web Store, unlawfully incorporate designs claimed by the Asserted Design Patents
23 including, but not limited to, the Peekaboo outsole design, and infringe the Asserted
24 Design Patents.
25 42. Upon information and belief, Aohaolee, without Gavrieli’s
26 Authorization, has made, used, offered for sale, sold, and/or imported the Accused
27 Products into or in the United States, and continues to make, use, offer for sale, sell,
28 and/or import the Accused Products into or in the United States.
MORGAN, LEWIS &
BOCKIUS LLP
ATTORNEYS AT LAW
13 COMPLAINT
SILICON VALLEY
Case 2:21-cv-00586 Document 1 Filed 01/21/21 Page 14 of 32 Page ID #:14
1
2 TABLE 1
4
5
6
7
8
48. By the foregoing acts, Aohaolee has infringed, literally and/or under
9
the doctrine of equivalents, and continues to infringe, the ’927 patent in violation of
10
the 35 U.S.C. § 271.
11
49. Upon information and belief, Aohaolee’s infringement of the ’927
12
patent is, has been, and continues to be undertaken knowingly, willfully,
13
deliberately, maliciously, and in bad faith, entitling Gavrieli to enhanced damages
14
under 35 U.S.C. § 284 and to attorneys’ fees and expenses incurred in prosecuting
15
this action under 35 U.S.C. § 285.
16
50. Upon information and belief, Aohaolee has gained profits by virtue of
17
its infringement of the ’927 patent.
18
51. Upon information and belief, Aohaolee has obtained further
19
investment by virtue of its infringement of the ’927 patent.
20
52. As a direct and proximate result of Aohaolee’s infringement of the
21
’435 patent, Gavrieli has been and continues to be damaged in an amount yet to be
22
determined.
23
53. Gavrieli will suffer and is suffering irreparable harm from Aohaolee’s
24
infringement of the ’927 patent. Gavrieli has no adequate remedy at law and is
25
entitled to an injunction against Aohaolee’s infringement of the ’927 patent. Unless
26
enjoined by this Court, Aohaolee will continue its infringing conduct, thereby
27
causing Gavrieli to further sustain irreparable damage, loss, and injury, for which
28
MORGAN, LEWIS &
BOCKIUS LLP
ATTORNEYS AT LAW
15 COMPLAINT
SILICON VALLEY
Case 2:21-cv-00586 Document 1 Filed 01/21/21 Page 16 of 32 Page ID #:16
1 TABLE 2
2 The ’634 Patent Exemplary Accused Product
3
4
5
6
7
8 58. By the foregoing acts, Aohaolee has infringed, literally and/or under
9 the doctrine of equivalents, and continues to infringe, the ’634 patent in violation of
10 the 35 U.S.C. § 271.
11 59. Upon information and belief, Aohaolee’s infringement of the ’634
12 patent is, has been, and continues to be undertaken knowingly, willfully,
13 deliberately, maliciously, and in bad faith, entitling Gavrieli to enhanced damages
14 under 35 U.S.C. § 284 and to attorneys’ fees and expenses incurred in prosecuting
15 this action under 35 U.S.C. § 285.
16 60. Upon information and belief, Aohaolee has gained profits by virtue of
17 its infringement of the ’634 patent.
18 61. Upon information and belief, Aohaolee has obtained further
19 investment by virtue of its infringement of the ’634 patent.
20 62. As a direct and proximate result of Aohaolee’s infringement of the
21 ’634 patent, Gavrieli has been and continues to be damaged in an amount yet to be
22 determined.
23 63. Gavrieli will suffer and is suffering irreparable harm from Aohaolee’s
24 infringement of the ’634 patent. Gavrieli has no adequate remedy at law and is
25 entitled to an injunction against Aohaolee’s infringement of the ’634 patent. Unless
26 enjoined by this Court, Aohaolee will continue its infringing conduct, thereby
27 causing Gavrieli to further sustain irreparable damage, loss, and injury, for which
28
MORGAN, LEWIS &
BOCKIUS LLP
ATTORNEYS AT LAW
17 COMPLAINT
SILICON VALLEY
Case 2:21-cv-00586 Document 1 Filed 01/21/21 Page 18 of 32 Page ID #:18
1
2 TABLE 3
4
5
6
7
8
9 68. By the foregoing acts, Aohaolee has infringed, literally and/or under
10 the doctrine of equivalents, and continues to infringe, the ’812 patent in violation of
15 under 35 U.S.C. § 284 and to attorneys’ fees and expenses incurred in prosecuting
17 70. Upon information and belief, Aohaolee has gained profits by virtue of
22 ’812 patent, Gavrieli has been and continues to be damaged in an amount yet to be
23 determined.
24 73. Gavrieli will suffer and is suffering irreparable harm from Aohaolee’s
25 infringement of the ’812 patent. Gavrieli has no adequate remedy at law and is
27 enjoined by this Court, Aohaolee will continue its infringing conduct, thereby
28 causing Gavrieli to further sustain irreparable damage, loss, and injury, for which
MORGAN, LEWIS &
BOCKIUS LLP
ATTORNEYS AT LAW
19 COMPLAINT
SILICON VALLEY
Case 2:21-cv-00586 Document 1 Filed 01/21/21 Page 20 of 32 Page ID #:20
1
2 TABLE 4
4
5
6
7
8
9 78. By the foregoing acts, Aohaolee has infringed, literally and/or under
10 the doctrine of equivalents, and continues to infringe, the ’853 patent in violation of
15 under 35 U.S.C. § 284 and to attorneys’ fees and expenses incurred in prosecuting
17 80. Upon information and belief, Aohaolee has gained profits by virtue of
22 ’853 patent, Gavrieli has been and continues to be damaged in an amount yet to be
23 determined.
24 83. Gavrieli will suffer and is suffering irreparable harm from Aohaolee’s
25 infringement of the ’853 patent. Gavrieli has no adequate remedy at law and is
27 enjoined by this Court, Aohaolee will continue its infringing conduct, thereby
28 causing Gavrieli to further sustain irreparable damage, loss, and injury, for which
MORGAN, LEWIS &
BOCKIUS LLP
ATTORNEYS AT LAW
21 COMPLAINT
SILICON VALLEY
Case 2:21-cv-00586 Document 1 Filed 01/21/21 Page 22 of 32 Page ID #:22
1
2 TABLE 5
4
5
6
7
8
9 88. By the foregoing acts, Aohaolee has infringed, literally and/or under
10 the doctrine of equivalents, and continues to infringe, the ’855 patent in violation of
15 under 35 U.S.C. § 284 and to attorneys’ fees and expenses incurred in prosecuting
17 90. Upon information and belief, Aohaolee has gained profits by virtue of
22 ’855 patent, Gavrieli has been and continues to be damaged in an amount yet to be
23 determined.
24 93. Gavrieli will suffer and is suffering irreparable harm from Aohaolee’s
25 infringement of the ’855 patent. Gavrieli has no adequate remedy at law and is
27 enjoined by this Court, Aohaolee will continue its infringing conduct, thereby
28 causing Gavrieli to further sustain irreparable damage, loss, and injury, for which
MORGAN, LEWIS &
BOCKIUS LLP
ATTORNEYS AT LAW
23 COMPLAINT
SILICON VALLEY
Case 2:21-cv-00586 Document 1 Filed 01/21/21 Page 24 of 32 Page ID #:24
1
2 TABLE 6
4
5
6
7
8
98. By the foregoing acts, Aohaolee has infringed, literally and/or under
9
the doctrine of equivalents, and continues to infringe, the ’271 patent in violation of
10
the 35 U.S.C. § 271.
11
99. Upon information and belief, Aohaolee’s infringement of the ’271
12
patent is, has been, and continues to be undertaken knowingly, willfully,
13
deliberately, maliciously, and in bad faith, entitling Gavrieli to enhanced damages
14
under 35 U.S.C. § 284 and to attorneys’ fees and expenses incurred in prosecuting
15
this action under 35 U.S.C. § 285.
16
100. Upon information and belief, Aohaolee has gained profits by virtue of
17
its infringement of the ’271 patent.
18
101. Upon information and belief, Aohaolee has obtained further
19
investment by virtue of its infringement of the ’271 patent.
20
102. As a direct and proximate result of Aohaolee’s infringement of the
21
’271 patent, Gavrieli has been and continues to be damaged in an amount yet to be
22
determined.
23
103. Gavrieli will suffer and is suffering irreparable harm from Aohaolee’s
24
infringement of the ’271 patent. Gavrieli has no adequate remedy at law and is
25
entitled to an injunction against Aohaolee’s infringement of the ’271 patent. Unless
26
enjoined by this Court, Aohaolee will continue its infringing conduct, thereby
27
causing Gavrieli to further sustain irreparable damage, loss, and injury, for which
28
MORGAN, LEWIS &
BOCKIUS LLP
ATTORNEYS AT LAW
25 COMPLAINT
SILICON VALLEY
Case 2:21-cv-00586 Document 1 Filed 01/21/21 Page 26 of 32 Page ID #:26
EXHIBIT A
Exhibit A - Page 33
Case 2:21-cv-00586 Document 1-1 Filed 01/21/21 Page 2 of 9 Page ID #:34
US00D681927S
Exhibit A - Page 34
Case 2:21-cv-00586 Document 1-1 Filed 01/21/21 Page 3 of 9 Page ID #:35
Exhibit A - Page 35
Case 2:21-cv-00586 Document 1-1 Filed 01/21/21 Page 4 of 9 Page ID #:36
Exhibit A - Page 36
Case 2:21-cv-00586 Document 1-1 Filed 01/21/21 Page 5 of 9 Page ID #:37
Exhibit A - Page 37
Case 2:21-cv-00586 Document 1-1 Filed 01/21/21 Page 6 of 9 Page ID #:38
Exhibit A - Page 38
Case 2:21-cv-00586 Document 1-1 Filed 01/21/21 Page 7 of 9 Page ID #:39
Exhibit A - Page 39
Case 2:21-cv-00586 Document 1-1 Filed 01/21/21 Page 8 of 9 Page ID #:40
Exhibit A - Page 40
Case 2:21-cv-00586 Document 1-1 Filed 01/21/21 Page 9 of 9 Page ID #:41
FIG. 8
Exhibit A - Page 41
Case 2:21-cv-00586 Document 1-2 Filed 01/21/21 Page 1 of 8 Page ID #:42
EXHIBIT B
Exhibit B - Page 42
Case 2:21-cv-00586 Document 1-2 Filed 01/21/21 Page 2 of 8 Page ID #:43
US00D676634S
Exhibit B - Page 43
Case 2:21-cv-00586 Document 1-2 Filed 01/21/21 Page 3 of 8 Page ID #:44
Exhibit B - Page 44
Case 2:21-cv-00586 Document 1-2 Filed 01/21/21 Page 4 of 8 Page ID #:45
Exhibit B - Page 45
Case 2:21-cv-00586 Document 1-2 Filed 01/21/21 Page 5 of 8 Page ID #:46
Exhibit B - Page 46
Case 2:21-cv-00586 Document 1-2 Filed 01/21/21 Page 6 of 8 Page ID #:47
Exhibit B - Page 47
Case 2:21-cv-00586 Document 1-2 Filed 01/21/21 Page 7 of 8 Page ID #:48
Exhibit B - Page 48
Case 2:21-cv-00586 Document 1-2 Filed 01/21/21 Page 8 of 8 Page ID #:49
(x O
Exhibit B - Page 49
Case 2:21-cv-00586 Document 1-3 Filed 01/21/21 Page 1 of 24 Page ID #:50
EXHIBIT C
Exhibit C - Page 50
Case 2:21-cv-00586 Document 1-3 Filed 01/21/21 Page 2 of 24 Page ID #:51
US00D686812S
(54) SOLE ASSEMBLY FOR A SPLIT-SOLE SHOE provided by the Office upon request and payment of the
necessary fee.
(71) Applicant: Gavrieli Brands LLC, Beverly Hills, FIG. 1 is a perspective view of an embodiment of our new
CA (US) design of a sole assembly for a split-sole shoe illustrated in
conjunction with a disclaimed shoe;
(72) Inventors: Kiir Gavrieli, Los Angeles, CA (US); FIG. 2 is a first side view of the design of FIG. 1;
Dikla Gavrieli, Los Angeles, CA (US) FIG. 3 is a second side view of the design of FIG. 1;
FIG. 4 is a top view of the design of FIG. 1;
(73) Assignee: Gavrieli Brands LLC, Beverly Hills, FIG. 5 is a bottom view of the design of FIG. 1;
CA (US) FIG. 6 is a front view of the design of FIG. 1;
FIG. 7 is a back view of the design of FIG. 1;
(**) Term: 14 Years FIG. 8 is another perspective view of the design of FIG. 1, the
perspective view illustrating this embodiment when the dis
(21) Appl. No.: 29/437,423 claimed shoe is placed in a folded configuration;
FIG. 9 is a perspective view of another embodiment of our
(22) Filed: Nov. 15, 2012 new design of a sole assembly for a split-sole shoe illustrated
in conjunction with a disclaimed shoe, where the blue por
Related U.S. Application Data tions are indicated using the USPTO convention ofhorizontal
(63) Continuation-in-part of application No. 13/207,397, lines for blue;
filed on Aug. 10, 2011. FIG. 10 is a first side view of the design of FIG. 9;
FIG. 11 is a second side view of the design of FIG. 9;
(51) LOG (9) Cl............................................................ 02-04 FIG. 12 is a top view of the design of FIG. 9;
(52) U.S. Cl. FIG. 13 is a bottom view of the design of FIG. 9;
USPC ................................ D2/951; D2/947; D2/949 FIG. 14 is a front view of the design of FIG. 9;
(58) Field of Classification Search FIG. 15 is a back view of the design of FIG. 9;
USPC .................. D2/902, 906, 908, 916, 918, 925, FIG. 16 is another perspective view of the design of FIG. 9,
D2/946-962, 977; 36/3 B, 22 R, 24.5, 25 R, the perspective view illustrating the this embodiment when
36/28, 32 R, 34 R, 59 C, 67 A, 103 the disclaimed shoe is placed in a folded configuration;
See application file for complete search history. FIG. 17 is a perspective view of yet another embodiment of
our new design of a sole assembly for a split-sole shoe illus
trated in conjunction with a disclaimed shoe, where the blue
(56) References Cited portions are indicated using a checkered pattern to indicate
any blue color within the range of Pantone PMS 3242-3278,
U.S. PATENT DOCUMENTS PMS 2904-2995, and 7453C-7472C, specifically including
1,587,377 A * 6/1926 Grosjean ...................... 36/59 B Pantone 7466C;
1,650,466 A * 11/1927 Righter ........................ 36/32 R FIG. 18 is a first side view of the design of FIG. 17;
FIG. 19 is a second side view of the design of FIG. 17;
(Continued) FIG. 20 is a top view of the design of FIG. 17;
Primary Examiner — T. Chase Nelson FIG. 21 is a bottom view of the design of FIG. 17; FIG. 22 is
a front view of the design of FIG. 17;
(74) Attorney, Agent, or Firm — Morgan, Lewis & Bockius FIG. 23 is a back view of the design of FIG. 17; and,
LLP FIG. 24 is another perspective view of the design of FIG. 17,
(57) CLAIM the perspective view illustrating this embodiment when the
An ornamental design for a sole assembly for a split-sole disclaimed shoe is placed in a folded configuration.
shoe, as shown and described. The broken lines showing elements in the above described
Figures are for illustrative purposes only and form no part of
DESCRIPTION the claimed design.
The file of this patent contains at least one drawing executed 1 Claim, 21 Drawing Sheets
in color. Copies of this patent with color drawing(s) will be (6 of 21 Drawing Sheet(s) Filed in Color)
Exhibit C - Page 51
Case 2:21-cv-00586 Document 1-3 Filed 01/21/21 Page 3 of 24 Page ID #:52
US D686,812 S
Page 2
Exhibit C - Page 52
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Exhibit C - Page 53
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CXI
Exhibit C - Page 54
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CO
CD
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Exhibit C - Page 55
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Exhibit C - Page 56
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Exhibit C - Page 57
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CD
UL
Exhibit C - Page 58
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FIG. 8
Exhibit C - Page 59
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FIG. 9
Exhibit C - Page 60
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Exhibit C - Page 61
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Exhibit C - Page 62
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CM
CD
U_
Exhibit C - Page 63
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CO
Exhibit C - Page 64
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Exhibit C - Page 65
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FIG. 16
Exhibit C - Page 66
Case 2:21-cv-00586 Document 1-3 Filed 01/21/21 Page 18 of 24 Page ID #:67
Exhibit C - Page 67
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CO
s
Exhibit C - Page 68
Case 2:21-cv-00586 Document 1-3 Filed 01/21/21 Page 20 of 24 Page ID #:69
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l_l_
Exhibit C - Page 69
Case 2:21-cv-00586 Document 1-3 Filed 01/21/21 Page 21 of 24 Page ID #:70
CXI
CD
U_
Exhibit C - Page 70
Case 2:21-cv-00586 Document 1-3 Filed 01/21/21 Page 22 of 24 Page ID #:71
Exhibit C - Page 71
Case 2:21-cv-00586 Document 1-3 Filed 01/21/21 Page 23 of 24 Page ID #:72
CXI
CXI
Exhibit C - Page 72
Case 2:21-cv-00586 Document 1-3 Filed 01/21/21 Page 24 of 24 Page ID #:73
FIG. 24
Exhibit C - Page 73
Case 2:21-cv-00586 Document 1-4 Filed 01/21/21 Page 1 of 24 Page ID #:74
EXHIBIT D
Exhibit D - Page 74
Case 2:21-cv-00586 Document 1-4 Filed 01/21/21 Page 2 of 24 Page ID #:75
US00D688853S
Exhibit D - Page 75
Case 2:21-cv-00586 Document 1-4 Filed 01/21/21 Page 3 of 24 Page ID #:76
US D688,853 S
Page 2
Exhibit D - Page 76
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Exhibit D - Page 77
Case 2:21-cv-00586 Document 1-4 Filed 01/21/21 Page 5 of 24 Page ID #:78
CM
O
LJL.
Exhibit D - Page 78
Case 2:21-cv-00586 Document 1-4 Filed 01/21/21 Page 6 of 24 Page ID #:79
Exhibit D - Page 79
Case 2:21-cv-00586 Document 1-4 Filed 01/21/21 Page 7 of 24 Page ID #:80
Exhibit D - Page 80
Case 2:21-cv-00586 Document 1-4 Filed 01/21/21 Page 8 of 24 Page ID #:81
Exhibit D - Page 81
Case 2:21-cv-00586 Document 1-4 Filed 01/21/21 Page 9 of 24 Page ID #:82
Exhibit D - Page 82
Case 2:21-cv-00586 Document 1-4 Filed 01/21/21 Page 10 of 24 Page ID #:83
FIG. 8
Exhibit D - Page 83
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Exhibit D - Page 84
Case 2:21-cv-00586 Document 1-4 Filed 01/21/21 Page 12 of 24 Page ID #:85
Exhibit D - Page 85
Case 2:21-cv-00586 Document 1-4 Filed 01/21/21 Page 13 of 24 Page ID #:86
Exhibit D - Page 86
Case 2:21-cv-00586 Document 1-4 Filed 01/21/21 Page 14 of 24 Page ID #:87
Exhibit D - Page 87
Case 2:21-cv-00586 Document 1-4 Filed 01/21/21 Page 15 of 24 Page ID #:88
Exhibit D - Page 88
Case 2:21-cv-00586 Document 1-4 Filed 01/21/21 Page 16 of 24 Page ID #:89
Exhibit D - Page 89
Case 2:21-cv-00586 Document 1-4 Filed 01/21/21 Page 17 of 24 Page ID #:90
FIG. 16
Exhibit D - Page 90
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Exhibit D - Page 91
Case 2:21-cv-00586 Document 1-4 Filed 01/21/21 Page 19 of 24 Page ID #:92
Exhibit D - Page 92
Case 2:21-cv-00586 Document 1-4 Filed 01/21/21 Page 20 of 24 Page ID #:93
Exhibit D - Page 93
Case 2:21-cv-00586 Document 1-4 Filed 01/21/21 Page 21 of 24 Page ID #:94
Exhibit D - Page 94
Case 2:21-cv-00586 Document 1-4 Filed 01/21/21 Page 22 of 24 Page ID #:95
Exhibit D - Page 95
Case 2:21-cv-00586 Document 1-4 Filed 01/21/21 Page 23 of 24 Page ID #:96
Exhibit D - Page 96
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FIG. 24
Exhibit D - Page 97
Case 2:21-cv-00586 Document 1-5 Filed 01/21/21 Page 1 of 24 Page ID #:98
EXHIBIT E
Exhibit E - Page 98
Case 2:21-cv-00586 Document 1-5 Filed 01/21/21 Page 2 of 24 Page ID #:99
US00D688855S
(54) SPLIT-SOLE SHOE WITH BLUE SOLES D339,669 S * 9/1993 Miller ..................... ....... D2/919
D341,022 S 11/1993 Zona
(71) Applicant: Gavrieli Brands LLC, Beverly Hills, D351,719 S 10/1994 Piotrozicz
D396,341 S 7/1998 Lozano et al.
CA (US) D397,238 S 8/1998 Lozano et al.
6,338,207 Bl 1/2002 Chang
(72) Inventors: Kiir Gavrieli, Los Angeles, CA (US); D457,292 S * 5/2002 Sessa ...................... ....... D2/949
Dikla Gavrieli, Los Angeles, CA (US) D461,947 s 8/2002 Merceron
D476,798 s 7/2003 Reynolds et al.
(73) Assignee: Gavrieli Brands LLC, Beverly Hills, D498,041 s 11/2004 McClaskie
D500,191 s * 12/2004 Belley et al...................... D2/969
CA (US) D501,706 s 2/2005 McClaskie
D527,513 s * 9/2006 Della Valle .................... D2/919
)(** Term: 14 Years D531,790 s 11/2006 Wurzburg
D534,341 s * 1/2007 Choi ............................... D2/971
(21) Appl. No.: 29/437,407 D542,513 s 5/2007 Amado et al.
D570,488 s 6/2008 Kirksey et al.
D571,548 s 6/2008 Seamans
(22) Filed: Nov. 15, 2012 D571,989 s 7/2008 Siegal
D576,397 s 9/2008 Couder
Related U.S. Application Data D580,640 s 11/2008 Wurzburg
D582,638 s 12/2008 Ringholz
(63) Continuation of application No. 13/207,397, filed on 7,506,459 B2 3/2009 Grisoni et al.
Aug. 10, 2011. D591,031 s 4/2009 Confinco
D593,295 s * 6/2009 Belley et al...................... D2/969
(51) LOC (9) Cl............................................................ 02-04 D593,297 s * 6/2009 Belley et al...................... D2/969
(52) U.S. Cl. D593,307 s * 6/2009 Belley et al...................... D2/969
D599,093 s * 9/2009 Issler ...................... ....... D2/971
USPC ............................................... D2/939; D2/925 D604,030 s 11/2009 Wilson
(58) Field of Classification Search D607,194 s 1/2010 Zagula
USPC .................. D2/896, 900, 919-921, 925-942, D610,332 s 2/2010 Raichle
D2/946, 949, 950, 969, 971; 36/1, 83, 8.1-8.3, D610,785 s 3/2010 Smith
36/9 R, 45-58, 104, 108, 76 R
D612,140 s 3/2010 Moon
D612,141 s 3/2010 Moon
See application file for complete search history. 7,735,244 Bl 6/2010 Ameche
D632,881 s 2/2011 Rosenberg
(56) References Cited D634,528 s 3/2011 Oldenburg
D635,752 s 4/2011 Shea
U.S. PATENT DOCUMENTS D640,861 s 7/2011 Wilkenfeld
D655,076 s 3/2012 Rosenberg
1,525,848 A * 2/1925 Bonaventure ..................... 36/8.3 D664,755 s 8/2012 Gavrieli et al.
1,587,377 A 6/1926 Grosjean 8,245,420 B2 8/2012 Wilson
1,650,466 A 11/1927 Righter D668,027 s 10/2012 Millieret
2,268,777 A 1/1942 Scholl D668,438 s 10/2012 Millieret
D133,819 S * 9/1942 Harris .............................. D2/939
D149,685 S * 5/1948 Sandler ............................ D2/935
D668,847 s 10/2012 Gavrieli et al.
D150,729 S * 8/1948 Sandler ............................ D2/927
D668,848 s 10/2012 Gavrieli et al.
D166,090 S * 3/1952 Maling ............................ D2/897 D669,674 s 10/2012 Vidal
2,904,814 A 9/1959 Scholl D672,542 s 12/2012 Gray et al.
D200,897 S * 4/1965 Mitchell ......................... D2/919 D676,634 s 2/2013 Gavrieli et al.
D247,396 S * 3/1978 Schlerth ........................... D2/939 2004/0025377 Al 2/2004 Brannon
D295,692 S * 5/1988 Zuidemaetal................... D2/950 2006/0026868 Al 2/2006 Grisoni
D300,085 S 3/1989 Ito etal. 2006/0086005 Al 4/2006 Yerianm
D316,773 S 5/1991 Valle 2007/0062064 Al 3/2007 McClaskie
Exhibit E - Page 99
Case 2:21-cv-00586 Document 1-5 Filed 01/21/21 Page 3 of 24 Page ID #:100
US D688,855 S
Page 2
2009/0193685 Al 8/2009 Wilson FIG. 3 is a second side view of the design of FIG. 1;
2009/0272009 Al 11/2009 Weisner et al. FIG. 4 is a top view of the design of FIG. 1;
2010/0018080 Al 1/2010 Smith
2010/0115793 Al 5/2010 Kraisosky FIG. 5 is a bottom view of the design of FIG. 1;
2011/0214312 Al 9/2011 Krikelis FIG. 6 is a front view of the design of FIG. 1;
FOREIGN PATENT DOCUMENTS FIG. 7 is a back view of the design of FIG. 1;
FIG. 8 is another perspective view of the design of FIG. 1, the
DE 20 2006 000230 UI 5/2007
GB 2 446 205 A 8/2008 perspective view illustrating this embodiment when it is
placed in a folded configuration;
OTHER PUBLICATIONS FIG. 9 is a perspective view of a second embodiment of our
Examination Report for AU 341324, dated Oct. 24, 2012. new design of a split-sole shoe with blue soles, where the blue
The Love List, “Tieks by Gavrieli—Foldable Ballet Flats”, Sep. 12, portions are indicated using the USPTO convention of hori
2010. http://thelovelist-carly.blogspot.com.au/2010/09/tieks-by- zontal lines for blue, such as Pantone PMS 3242-3278, PMS
gavrielli-foldable-ballet.html. 2905-2995, and 7453C-7472C;
Wearability—Real People Style, “What came first, the City Flat or
FIG. 10 is a first side view of the design of FIG. 9;
the Tieks” Aug. 29, 2010, http://wearability.posterous.com/what-
came-first-the-city-flat-or-the-tieks. FIG. 11 is a second side view of the design of FIG. 9;
Try It Mummy!, Tieks by Gavrieli, Dec. 9, 2010, http://tryitmummy. FIG. 12 is a top view of the design of FIG. 9;
blogspot.com.au/2010/12/tieks-by-gavrieli.html. FIG. 13 is a bottom view of the design of FIG. 9;
Letter from TMI and Associates with Office Action dated Sep. 19, FIG. 14 is a front view of the design of FIG. 9;
2012 with old URL http://www.payless.com/store/?&TLC= FIG. 15 is a back view of the design of FIG. 9;
Womens&SLC=WomensNewArrivals&BLC=WomensNewArriv-
FIG. 16 is another perspective view of the design of FIG. 9,
alsNewArrivals&Width=Regular&ItemCode=60131 &LotNumber=
062642&Type=Adult&Popularity=637&Descriptivein. the perspective view illustrating the this embodiment when it
Taiwanese Office Action for TW Wf300726, dated Sep. 6, 2012. is placed in a folded configuration;
FIG. 17 is a perspective view of a third embodiment of our
* cited by examiner new design of a split-sole shoe with blue soles, where the blue
portions are indicated using a checkered pattern to indicate
Primary Examiner — Dominic Simone the blue color Pantone 7466C;
(74) Attorney, Agent, or Firm — Morgan, Lewis & Bockius FIG. 18 is a first side view of the design of FIG. 17;
LLP FIG. 19 is a second side view of the design of FIG. 17;
FIG. 20 is a top view of the design of FIG. 17;
(57) CLAIM
FIG. 21 is a bottom view of the design of FIG. 17;
An ornamental design for a split-sole shoe with blue soles, as
FIG. 22 is a front view of the design of FIG. 17;
shown and described.
FIG. 23 is a back view of the design of FIG. 17; and,
DESCRIPTION FIG. 24 is another perspective view of the design of FIG. 17,
the perspective view illustrating this embodiment when it is
The file of this patent contains at least one drawing executed placed in a folded configuration.
in color. Copies of this patent with color drawing(s) will be The broken lines showing elements in the above described
provided by the Office upon request and payment of the Figures are for illustrative purposes only and form no part of
necessary fee. the claimed design.
FIG. 1 is a perspective view of an embodiment of our new
design of a split-sole shoe with blue soles; 1 Claim, 21 Drawing Sheets
FIG. 2 is a first side view of the design of FIG. 1; (6 of 21 Drawing Sheet(s) Filed in Color)
FIG. 8
CM
FIG. 24
EXHIBIT F
US00D689271S
US D689,271 S
Page 2
CO
cj
LL
FIG. 8
G. 13
FIG. 16
CXI
FIG. 24
EXHIBIT G
By Authority of the
Under Secretary of Commerce for Intellectual Property
and Director of the United States Patent and Trademark Office
·--U ' L f f / , / 7 ~
~ : MONTG:~~R('.7
Certifying Officer
Reg. No. 4,375,00 6 GAVRJELI BRANDS LLC (CALIFORNIA LIMITED LIABILITY COMPANY)
269 S. BEVERLY DRJVE SUITE 1402
Registered July 30, 2013 BEVERLY HILLS , CA 902 12
NO CLA IM JS MADE TO THE EXCLUSIVE RIGHT TO USE "BALLET FLAT", APART FROM
THE MARK AS SHOWN.
First Filing Deadline: You must file a Declaration of Use (or Excusable Nonuse) between the
5th and 6th years after the registration date. See 15 U.S.C. §§1058, 1141k. If the declaration is
accepted, the registration will continue in force for the remainder of the ten-year period, calculated
from the registration date, unless cancelled by an order of the Commissioner for Trademarks or a
federal court.
Second Filing Deadline: You must file a Declaration of Use (or Excusable Nonuse) and an
Application for Renewal between the 9th and I 0th years after the registration date.*-
See 15 U.S.C. § 1059.
You must file a Declaration of Use (or Excusable Nonuse) and an Application for Renewal between
every 9th and l 0th-year period, calculated from the registration date.*
The above documents will be accepted as timely if filed within six months after the deadlines listed above
with the payment of an additional fee.
The United States Patent and Trademark Office (USPTO) will NOT send you any future notice or
reminder of these filing requirements.
NOTE: Fees and requirements for maintaining registrations are subject to change. Please check the
USPTO website for further information. With the exception of renewal applications for registered
extensions of protection, you can file the registration maintenance documents referenced above online
at http://www.uspto.gov.
Page: 2 / RN # 4,375,006
PT0-1683
(Rev. 7-96) Exhibit G - Page 150
Case 2:21-cv-00586 Document 1-8 Filed 01/21/21 Page 1 of 2 Page ID #:151
EXHIBIT H
Logout Please logout when you are done to release system resources allocated for you.
Record 1 out of 1
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EXHIBIT I
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EXHIBIT J
screenshot-www.aohaolee.com-2020.12.30-14_05_51
https://www.aohaolee.com/
30.12.2020
chrome-extension://bpconcjcammlapcogcnnelfmaeghhagj/edit.html?done 1/2
Exhibit J - Page 156
12/30/2020 Case 2:21-cv-00586 Document 1-10 nimbus
Filedscreenshot
01/21/21 Page 3 of 3 Page ID #:157
app print
chrome-extension://bpconcjcammlapcogcnnelfmaeghhagj/edit.html?done 2/2
Exhibit J - Page 157
Case 2:21-cv-00586 Document 1-11 Filed 01/21/21 Page 1 of 3 Page ID #:158
EXHIBIT K
screenshot-www.aohaolee.com-2020.12.30-14_04_05
https://www.aohaolee.com/
30.12.2020
chrome-extension://bpconcjcammlapcogcnnelfmaeghhagj/edit.html?done 1/2
Exhibit K - Page 159
12/30/2020 Case 2:21-cv-00586 Document 1-11 nimbus
Filedscreenshot
01/21/21 Page 3 of 3 Page ID #:160
app print
chrome-extension://bpconcjcammlapcogcnnelfmaeghhagj/edit.html?done 2/2
Exhibit K - Page 160
Case 2:21-cv-00586 Document 1-12 Filed 01/21/21 Page 1 of 3 Page ID #:161
EXHIBIT L
Submitted
April 22, 2018, 6:18 PM
Received via
Closed Ticket
Requester
Best,
Tara
--
Tara
EXHIBIT M
Name:
E-mail:
Telephone:
I saw a pair of ballet flats listed on ebay. It didn't state the name in the
title or in the sellers description. However, under item specifics it
states the brand: Aohaolee
https://www.ebay com/itm/Womens-Italian-Leather-Foldable-Ballet-
Flat-Round-Toe-Comfy-Matte-Wine-
Red-8/123674588448?hash=item1ccb947520:g:XmUAAOSw5wJcVGdz
https://www.aohaolee com/faqs/
Please take a moment to check out their FAQ. t clearly states your
trade name several times.
"Tieks run pretty true to size, so if you’re a full size, that’s also your
Tieks size! For more info on sizing, check out our Size Chart."
"Tieks don’t have built-in arch support, but they are designed with a
unique shape and padding for comfort and durability. If you prefer
additional support, Tieks can accomodate many types of orthotic
inserts."
Thanks for taking the time to write in and send that link my way! I've
passed that information along to our team. We appreciate you
thinking of our team and hope you have a wonderful rest of your day.
Please let me know if there is anything else you'd need, down the
line, as I'd love to help as best as I'm able! :-)
Best,
Julia
--
Julia H
EXHIBIT N
Exhibit N-1
Comparison Chart for Accused Flats
Exhibit N-2
Infringement Chart for D681,927 (the ’927 Patent)
Exhibit N-3
Infringement Chart for D676,634 (the ’634 Patent)
Exhibit N-4
Infringement Chart for D686,812 (the ’812 Patent)
Exhibit N-5
Infringement Chart for D688,853 (the ’853 Patent)
Exhibit N-6
Infringement Chart for D688,855 (the ’855 Patent)
Exhibit N-7
Infringement Chart for D689,271 (the ’271 Patent)