LITIGATION

Louis Vuitton Malletier, S.A. v. 2013LVShop.com, 2014 U.S. Dist. LEXIS 107260 (S.D. Fla. Aug. 5, 2014). Synopsis: A federal court grants Louis Vuitton a preliminary injunction against dozens of websites purveying counterfeit Louis Vuitton merchandise, ordering the defendants to cease dealing in the subject merchandise and seizing the defendants’ website domain names.

In re Magdaleno, 2014 TTAB LEXIS 342 (TTAB Aug. 11, 2014). Synopsis: The Trademark Trial and Appeal Board dismisses as moot the refusal to register the mark A ALL AMERICAN for shoes and other products because the registration was canceled for failure to file a declaration of use and renewal application.

In re Brunetti, 2014 TTAB LEXIS 328 (TTAB Aug. 1, 2014). Synopsis: The Trademark Trial and Appeal Board affirms the refusal to register the mark FUCT for footwear and other apparel because it is the phonetic equivalent of the word “fucked,” the past tense form of the verb “fuck,” and is therefore “scandalous” under 15 U.S.C. § 1052(a).

USPTO

Utility patents issued in the month of August:

Pat. No. Title Assignee8,814,818 Disposable Two-Part Orthotic Strap Applied BioKinetics LLC8,813,395 Footwear with Illuminable Strands NIKE, Inc.8,813,394 Bowling Shoe w/ Interchangeable Pads Etonic Holdings, LLC8,813,393 Skate Sport Maska Inc.8,813,392 Kinematic Shoe Sole and Shoe Swiss Line Fashion AG8,813,391 Footwear with Insole System Ukies, LLC8,813,390 Footwear Including Composite Plate NIKE, Inc. 8,813,389 Adjustable Footwear Bladder System NIKE, Inc. 8,813,388 Process for Production of Insole Novarese S.r.l.8,813,387 Footwear w/ Separable Upper and Sole NIKE, Inc. 8,813,386 Shoe None8,806,783 Article for Interchangeable Ornaments Luxyco, LLC8,806,782 Resilient Sole None8,806,781 Device to Wear Thong-Type Sandals None8,806,780 Heel Protector The Shoe Schell8,806,779 Support for Ground-Engaging Members NIKE, Inc. 8,806,778 Footwear w/ Lacing Connecting Lining Kabushiki Kaisha Kurebu8,806,777 Golf Shoe Closing Device None8,806,776 Footwear Which Improves Foot Support Salomon S.A.S.8,806,688 Footwear and Method of Making Pediped Infant Footwear LLC8,800,174 Soles for Enhanced Grip on Smooth Surface Mission Prod. Holdings, Inc.8,800,173 Shoelace Protector and Methods None

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8,800,172 Footwear w/ Knit Upper and Polymer Layer NIKE, Inc.8,800,171 Footwear Insole System Ukies LLC8,800,170 Footwear Insole System Ukies LLC8,800,169 Cushioned Orthotic MSD Consumer Care, Inc.8,800,168 Customizable Insole None8,800,167 Pneumatic Inflating Device Entirely in Sole None8,800,166 Fluid-Filled Chamber w/ Tensile Member NIKE, Inc. 8,800,085 Method for Producing a Shoe and Shoe Puma SE8,795,210 Method for Low Profile Vibrating Plate Am. Med. Innovations, LLC8,794,106 Device Securing Footwear to Motorcycle Evolution Racing Prod., LLC8,793,905 Ski Boot and Binding System Salewa Sport AG8,793,904 Footwear with Dual Lacing System NIKE, Inc. 8,793,903 Half-Insert Used in Setting Middle-Sole Lianhe Shoe Material Co.8,793,902 Waterproof Vapor-Permeable Sole Nine West Dev. Corp.

Patent applications published in the month of August:

Pub. App. No. Title Applicant20140237861 Knitting with Vertically Inlaid Element NIKE, Inc. 20140237860 Article of Footwear NIKE, Inc. 20140237859 Storage Device for Shoelace STASH Sporting Goods, Inc.20140237858 Footwear with Reinforced Elastic Upper NIKE, Inc. 20140237857 Heeled Footwear and Method of Producing ECCO SKO A/S20140237856 Footwear Incorporating Knitted Component NIKE, Inc. 20140237855 Knitted Component with Inlaid Strand NIKE, Inc. 20140237854 3 Dimensionally Woven Footwear Under Armour, Inc.20140237853 Bottom-Down Last for 3d Forming NIKE, Inc. 20140237852 Sole Assembly and Footwear Comprising Hermann Oberschneider20140237851 Shoes, Devices, and Methods of Using Athletic Propulsion Labs LLC20140237850 Footwear with Reactive Layers NIKE, Inc. 20140230286 Biodegradable Shoe Sole with Upper Tracy Ann Paugh20140230285 Athletic Positioning Shoe Admark Athletic Ventures20140230284 Split-Sole Footwear NIKE, Inc. 20140230283 Athletes Footwear Paddy Pablo Cordova20140230282 Footwear with Multi-Layered Support NIKE, Inc. 20140230281 Shoe and Method for the Construction Havard Engell20140230280 Footwear Including Heel Spring Support NIKE, Inc. 20140230279 Foot Wear System Jeff Risner20140230278 Ankle Flexi System for Shoes, Skates, etc. Schafer Mathison20140230277 Footwear Upper with Knitted Component NIKE, Inc. 20140230276 Footwear Incorporating Chamber System NIKE, Inc. 20140230275 Shoe Sole Cove ring Assembly Randall L. Matheny20140230274 Triple Density Gel Insole Spenco Medical Corp.20140230273 Fluid Orthodic Massaging Shoe Insoles JR. Evans20140230272 Cushioned Sole with Air Chamber The Walking Co. Holdings Inc.

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20140230271 Shoe and Manufacturing Method Thereof Jong-guk Lee20140227505 Bead Foam Compression Molding Method NIKE, Inc. 20140223783 Sole for a Shoe Adidas AG20140223782 Physical Therapy Shoe Covering Yvette Kuzirian20140223781 Shoe Sole Device and Shoe Christian Colin20140223780 Sole with Perimeter and Central Chambers NIKE, Inc. 20140223779 Footwear with Interconnected Strands NIKE, Inc. 20140223778 Shoe, Especially Sports Shoe Raymond Alfred Horacek20140223777 Sole for a Shoe Adidas AG20140223776 Cushioning Element for Sports Apparel Adidas AG20140223775 Shoe, Ankle Support, and Attachment Fleuren20140223774 Footwear with Footbed Suspension System Plantiga Technologies, Inc.20140223773 Footwear Kanyon Outdoor LLP20140223772 Shoe Having an Inflatable Bladder William Marvin20140223771 Shoe Upper with Unwelded Flex Zones NIKE, Inc. 20140223770 Footwear Assembly with Inner and Outer NIKE, Inc. 20140223769 Tapered Throat and Transitional Lacing NIKE, Inc. 20140223768 Shoe Upper Having Multiple Weld Zones NIKE, Inc. 20140215862 Cleats, Cleated Sole Structures, Molds, etc. NIKE, Inc. 20140215861 Assistance for Persons with Leg Anisomelia Russell Burks20140215860 Magnetically Coupleable Footwear Stix, LLC20140215859 Shoe Charm Holder Device Susan Leo20140215858 Temperature Adjustable Shoe Shannon Heath Zimmerman20140215857 Cleats, Cleated Sole Structures, Molds, etc. NIKE, Inc. 20140215856 Motorcycle Boot Fox Head, Inc.20140215855 Sports Boot Nicolas Frey20140215854 Boot Having Two Footwear Elements Salomon S.A.S.20140215853 Outsole Having Fin Traction Elements NIKE, Inc. 20140215852 Quantina Monique Quantina Monique White20140215851 Flexible Outer Sole Water Resistant Upper Suzanne M. Solsona20140215850 Artificial Leather w/ Flexing Endurance Franz Xaver Redl20140215849 Training Footwear Reebok International Ltd.

Design patents issued in the month of August:

Pat. No. Title Assignee D711,643 Portion of Upper of Footwear Article Salomon S.A.S. D711,642 Portion of Upper of Footwear Article Salomon S.A.S.D711,641 Portion of Upper of Footwear Article Salomon S.A.S.D711,640 Portion of Upper of Footwear Article Salomon S.A.S.D711,639 Portion of Upper of Footwear Article Salomon S.A.S.D711,638 Heel Grip for a Bicycle Rider NoneD711,637 Shoe Outsole NIKE, Inc. D711,636 Shoe Reebok International Ltd.

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D711,635 Footwear Cover Leihm LowryD711,634 Footwear J. Choo LimitedD711,633 Footwear Lacoste Alligator S.A.D711,632 Adhesive Shoe Protector NoneD711,089 Shoe Upper NIKE, Inc.D711,088 Shoe Upper NIKE, Inc.D711,087 Shoe Upper NIKE, Inc.D711,086 Footwear Cabela’s Inc.D711,085 Shoe Outsole NIKE, Inc.D711,084 Shoe Sole TGK Services AGD711,083 Shoe Sole DashAmerica, Inc.D711,082 Shoe Outsole NIKE, Inc.D711,081 Shoe Midsole NIKE, Inc.D711,080 Shoe Band NoneD711,079 Sandal Columbia Insurance Co.D711,078 Sandal Upper and Midsole VCG Holdings Ltd.D711,077 Sandal with Bow NoneD711,076 Sandal Columbia Insurance Co.D711,075 Sandal Columbia Insurance Co.D711,074 Open Toe Sneaker NoneD710,593 Sock Strideline, LLCD710,592 Athletic Sock NoneD710,591 Shoe Upper NIKE, Inc. D710,590 Shoe Upper NIKE, Inc. D710,589 Shoe Upper NIKE, Inc. D710,588 Shoe Upper with Wrap-Around Panel NIKE, Inc. D710,587 Shoe Upper NIKE, Inc. D710,586 Shoe Upper NIKE, Inc. D710,585 Shoe Upper NIKE, Inc. D710,584 Footwear with Opener USPA Accessories LLCD710,583 Shoe Outsole NIKE, Inc.D710,582 Shoe Outsole NIKE, Inc. D710,581 Shoe Outsole NIKE, Inc. D710,580 Shoe Sole Tod’s S.p.A.D710,579 Shoe Midsole NIKE, Inc. D710,578 Shoe Midsole NIKE, Inc. D710,577 Footwear Crocs, Inc.D710,576 Shoe Leisure Shoes SARLD710,575 Shoe Hermes SellierD710,084 Ski Sock Gerbings LLCD710,083 Shoe Upper NIKE, Inc.D710,082 Shoe Upper NIKE, Inc.D710,081 Golf Shoe Outsole Taylor Made Golf, Inc.D710,080 Support for a Cavovarus Foot Footmind, Inc.D710,079 Shoe Sole DashAmericaD710,078 Footwear Columbia Sportswear, Inc.

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D710,077 Footwear J. Choo LimitedD710,076 Footwear (Dream-P) J. Choo LimitedD710,075 Footwear J. Choo Limited

Trademarks published in the month of August:

GIFTED ATHLETICSHKU

METICULOUSLY HANDCRAFTEDMAD TOTOI AMOTHER MIXSK8-HI

AURAGINARTKAKISCHEV SCOOOPSSTAY PRAYERFULATLANTIS US SEVENS RUGBYNATIV LABEL

ONE ONE BRIDALHKPKLV.COM LAS VEGAS (702) 637-HKPKFISH AT SEA

IN COD WE TRUSTFLASH ON HEELSGG

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VANESSA REDVANORA SPORTVANORA BLUECANDRA WHITECHARLES PHILIP SHANGHAIJYINSTYLE

LIVE LIFE DRAMATICALLYFLATBILL; SERIESNORSE SNOWBOARDINGNFEMLINPUNK QUEENPUT THE PADS ONDATLLABDULLAH KIGILIVLONESUNFUGEORGE LOVESNSSD NASSDACKVINIZBENA

NEVERY SEASON IS KEEN SEASONRLOUISIANA SPORTS HALL OF FAMELOUISIANA SPORTS HALL OF FAMECAMERON HAWAIIDF DOPE FRESHNESSSWETCTOPCREWS LITEBUCKET BOSS

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RMRPAPER NERDBLACK SOULATHENABE A DOLL SAVE A LIFEROXXNINE.FOUR.ONEINFINITE INDUSTRIES INFINITE INDUSTRIES INFINITE INDUSTRIESMICRO JESUSROUBI L' ROUBILIVINTIGARD & LYONSFLY FIRST LOVE YOURSELFPUREBOOSTBELLEZ BZNIT

TAILOREDMOSS BROSBRICK BUSTERZPARLANCHINESQUAUD.IO6 ONE 7 BDEXNUTELLANEW ROADPHILLIP PHILLIPSFISHER-PRICEBDXGRAVEL GRINDERKOL

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LIVE LIFE HARDDEVOCATEURCRE8T!VUWYCOYOTE BEAUTIFULSKINADVANCED WATER TECHNOLOGIESANTIQUE ARCHAEOLOGYTHE JEZABELSHOLY SHIP!PRODIGY PAYLOADGEN-FLEXBANKROBBER3 STARS BREWING COMPANYEAST VAN

CAMOMILLATALKING GINGERAIMRITEREBEL QUEEN

SEE YOU ON THE OTHER SIDEKEFIGOGYMCOLLEGECHICKENDICK KITESURFU ULTRA V VIOLET C CONTROLCALZAMEDIL'ELEGANCE N'EST PAS UN LUXECOME RAIN OR SHINECAMEIDOBARNS OUTFITTERSIDRESSSILKWORM BABYSHOWPOCHAMPEL

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PRINCE CHARLIEFRAN RIVERAKOJIMACEBOTHREE FLOORMAX KIBARDINHOTTERFISCHER CLIMATE COMFORT59 TO 5FTCLIFE'S ABOUT SMILINGTHE STANDARD OF THE CLASS-5HEVE MILANOYAACOV'S LEGACY

BELLYBUTTONUBUGUNDERGROUNDSPOTLIGHTBABYCIRCEEDOGGERSCOBBLER UNIONSTRATHTAY SCOTTISH HAND KNITSGAZIANO GG GIRLINGDELLAPREMIERWELZKINGSHOWLANKKANOAH + KAYAVXMETHEREALSQUARE ZEROANNIEUNDRCRWN

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63LOVE83MIXED UP CLOTHINGSWEET VINTAGEDON'T STOP DREAMINGKICKIN' IT DOCKSIDE

PURE WILLFAMILY OF FELONSSALT MARSH APPARELSOUL CUSTOMMILLION MAN MISSIONGAMERS ROCKG.KIMI AMDARING & UNAFRAIDMILLION MAN MISSIONLONDONBERRYFERNANDO ALONSOCS CARMEN STEFFENSLOVE LOVE AGOOWHAT MADE IN AMERICA FEELS LIKETESTONI BASICZRATEDÁLVARO GONZÁLEZGOODBYE DICKFRESH & COOLMUD SLAYERSCRAZY ONSNOWZILLASHREDSTERWHEN YOU SMOKE AND DRINK TOO MUCH, YOU ARE ON A BRAIN DIET!SADIE LUCAN

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LITTLE PRES.CLIMACHILLTONY HARRATI'SEKZ JRJUMP STREETSGFOREIGNSUBJECTSL. WINBRIMS4UROBINLO & CO.ROBINLO STUDIOROBINLOBOOZE DISTRICT

WEE ONESSHÄ-LOM CULTURAL PEACE PROJECTSTRIKEBALLLUNCHJFRANCOIS M A HCC CLOTHES CAPTIONCOERCIONGREEN HANDS | ECO FRIENDLY CAREUNION UNIVERSITY RELIGIO ET ERUDITIOTRAIN. COMPETE. LIVE.SAMURAI MISSIONARYHYPERCRUSHXPLUS DENIMHEARTBEAT OF HOMEMIMASELCHROME & CHASEUNCALMFORCE 5 LACROSSEDROP-IN HEELHGTSBLACK LOTUSZOLAMOTOVIXENSUNITYPOINT HEALTHDOVASGOLDEN CHAMPIONSNO PAIN...NO PAINKAE-O

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BY DEFINITIONOSSINGTON646 MAINRHOUTLANDSAN FRANCISCO DEPUTY SHERIFFS' ASSOCIATIONCOOL 2BJAMES GOLDSTEINTHE UPSIDE

MBC BY MALENE BIRGERJ JOG DOGMÄDCHEN & MOTORENPIKOLINOSSECOND FEMALEMPJ MY PAIR OF JEANSKÖGENKIJUST FEMALEMOTHER OF PEARLASOBERU-T ASOBERU-T

ARVIS KROSNERPATRICE PAPALIVLYCLIMATE REVOLUTIONAIR BUGGY

MRUCK & MAUL RMDEKKERJOYMISSBOTHRRBLUNE

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OUDMUHOME & RELAXVIA RAVIANELLIBLUCESARE CAVECLARA BARSONSWOL THE SPANISH WAY OF LIFEFLEYEETNIA O. BARCELONAHATE & KILLBGURBAN TRIAL FREESTYLE

AGORA INTERNATIONAL SCHOOLFIAT 500SOL BABE LINGERIEGINAMARIERC ROCK COUNTRYGEL NORDICETIRELZLEO ARMOURW REPUBLICMEGAN MASSACRELIVE AWESOMEHOMMAFITZUBLOOD DEEPJOYFULLY GIFTEDINSPIRATION INSIDEMERCY 1932ITALIAN COWBOYJ & ACTHE GOOD WEEDCARLSBAD SURF COMPANY

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DORAMIORNOSOTROSEXERLOPERSCHALLENGE RXVET2VETKICKS UNIVERSEPOESIA CHRISCHANGURAEROMAXFLUSHMM SERIESBARBELL APPAREL EST. MMXIII

LIFE IS BULLBOOT BLINGY'S

APCARLSBAD TRADING COMPANYTOO TIMIDWHIPPED CREAM GOLF TEAMPINK QUEENFITATTIANCHOR IN

FDRA Intellectual Property Digest Page 14

LAST KINGSWHITNEYMANNEYRELAXOLOGYDJ RAGEA ATHLETEISTMARISAKENSONYOGIOMIEREPKC

CHARITY: WATERWEAR YOUR STRENGTHKEEPTIGHTWONESOUNDAVI-8TARGHEEPROPELIUMHAXBY COLLECTIVEDISNEY PLANESSICK BOYCASHSTYLEJOEL HUMANCARLTON LONDONGET ESSENTIALSPLASHTEXKILGOURJOE B BY JOE BENBASSETJOE BTHINK BLKTRAJANSTEFANO GIORGIHARI TONIWEST CHESTER PROTECTIVE GEARWKULTLIKELOVE > FEARCALI AND YORK WOMEN'S FASHION COAST TO COASTATTITUDE ARMY

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SURROUND YOURSELF WITH GOOD MOLECULESGOOD MOLECULESSCANDALUXEI LOVE UGLYNICORA JOHNSANNE TOURAINE PARISTINI BOHIMIMANERNISHA

U RARITYWORKER'S CHOICECONCH THIS!AGGRESSIVELY ROMANTICIZEREPTILIA

H H BBEI MAEJORWISH FOREVERCROMEFOR YOU ARE PRECIOUS IN MY SIGHT KINGDOMKYDELLA LAURANTDEBANA ATHLETICSRE ROYAL EMPIRESTEAMPUNK COUTUREBEE LINEGROLLS THE PRO SHOPROMEO SANTAMARIAXLST. MORITZ POLO WORLD CUP ON SNOWUNITYPOINTMAX STEELDBODY BY USTHE INBETWEENERSARTELIER NICOLE MILLER

FDRA Intellectual Property Digest Page 16

TRIWATERLITO GREEN MOTIONLE SLIP FRANÇAIS MADE IN FRANCEPRIMIGITEESARHDR HIGH DYNAMIC RUBBERCORKING

W SHAPE BY WOMEN'SECRET

LIVERANO & LIVERANOOZFLIPHOKUMINUOVONAOMISO 2 ZEROINCONDOTTAMAISON LEJABYALSTOM DESIGNING FLUIDITYCONCEVOIR LA FLUIDITÉALSTOM CONCEVOIR LA FLUIDITÉWOOD WOODTOPSPORTTOPSPORTVESTEMWESTERN HUNTER

FDRA Intellectual Property Digest Page 17

LIVELIFYOPENING CEREMONY EST. 2002WHATWEARS

LOVE, NICKIE LEWKCMOXOLINDABRING SLOOTS

FOVL FORTVNED'JANDROGOMI'S HOUSEBASTOKOFTENCARBON38THE SOLE OF CHEERCROWNE COMFORTEUR

LEONEL MANZANO

FDRA Intellectual Property Digest Page 18

WORLD OF KREAMNINE LINEPEOPLE'S CHOICE APPARELRISE BASKETBALL APPARELHARDWODDERTD TOM DONG

MOB STARCARLOS LORETOMAFOOSEDOING IT BETTER.DOUBTFUL AS DOUBLEMUSCLE MILITIAWILD PEPPERTRICHOTOMYANSELFKISS THE BRICKS± SUMMERBIK BIKE BARN HOUSTON TEXAS

SEE YOU IN THE WATERE EMPREINTEMUDDY COUTURENLXTREME NARCOSISGO DEEP 365JUST BO$$ CHICKSOKIRAKUPLAY THE WORLDWRLDFOOT PETALS

FDRA Intellectual Property Digest Page 19

FLUFF MONKEYBARRECOREIT'S IN MY HEARTLANA BLENDLANABLENDSACRED HEART UNIVERSITYTINKSKYORDER & PROGRESSKLOUD 9 KIX

FIT AND TUFFNICE TIGHT WHITE ASHFLYING BROSSWOOBFITAQUA GUIDE

CAMBRIANCAMBRIAN ANATOMICALROOTS2THEFUTURESUNDRYFOFLIQUIPELAEGISPURPLE COLLECTION

FARRELLMIKE DE BRIEBETTER BITESGEO MATRIXB YOMG IT'S OGFOLLE'CHAPTER

FDRA Intellectual Property Digest Page 20

DONNIEYEN.ASIABONNIE & PEARLIF IT'S HOT... IT'S HERE!GLAMAZONNORTH MANUAL VOCATIONALKU.KU DUCKBILLMISSISSIPPI STATEMY BOYFRIEND IS OUT OF TOWNB ECYCLE OF HOPEDEBANAEMILIO PUCCISOLELY BLACK BY BKETITZLINGERSWAGÚT

HENRY & MAGDALADYFENSESAMSØE SAMSØEHENGSONG

BITURI2R

DISTURBING LONDOND UNIFORMS

AYUMI PLUSGEOX BREATHES

FDRA Intellectual Property Digest Page 21

FRAUINTRIGATEESTEFANIA MARCOHYDROWARMERPOLENTONEZAGGORA

MORE THAN LUX

DUCATI SCRAMBLERDESIGNING FLUIDITYCASINOSOCCERKINGWORLD IN UNIONVIRTUELLETAKING SHAPE TSCREATERED DRAGONALIENGEAR DON'T FEAR IT, WEAR IT.

GENERAL NEWS

Crocs Nabs Reviews Of Two Molded Shoe Patents

Law360

August 21, 2014

By Allissa Wickham

FDRA Intellectual Property Digest Page 22

A U.S. Patent and Trademark Office board on Wednesday granted requests by Crocs Inc. to institute inter partes reviews of two molded shoe patents owned by children's footwear company Polliwalks Inc., finding there was a reasonable likelihood Crocs would prevail on the challenged claims.

In a knock to Massachusetts-based Polliwalks, a three-judge panel of the USPTO’s Patent Trial and Appeal board ruled that Crocs had a reasonable chance of prevailing on challenged claims of the kids shoe company's patents, listed as U.S. Patent Nos. 8,613,148 and 8,371,043.

Crocs petitioned for inter partes review of the patents in February, arguing that the ‘148 patent was anticipated, and that nothing in the patent was new or nonobvious.

The ‘148 patent specifically relates to a molded shoe that has a three-dimensional character or animal on it, but Crocs argued that the notion of shoes featuring animal shapes has been “well known” for a long time. Crocs put forth similar arguments regarding the ‘043 patent, which also covers a molded shoe with an animal figure.

Polliwalks fired back in May, arguing that the challenged claims are not obvious or anticipated, and that there was therefore not a reasonable chance that Crocs would prevail. But the board sided with Crocs on Wednesday, and opted to institute the reviews. The decisions do not, however, constitute a final ruling on the patentability of the challenged claims, the board noted.

The decisions come roughly a year after Polliwalks lodged a patent infringement suit against Crocs in Massachusetts federal court, claiming its “Crocs Crockskin Clogs” infringed on the ‘043 patent and U.S. Patent Number 8,371,044. The ‘148 patent is a continuation of the application for the ‘044 patent, according to the USPTO panel.

Polliwalks, whose rubber shoes feature the faces of animals such as dinosaurs and alligators, and characters such as Elmo and Cookie Monster, asked the court to impose injunctions halting the sales of the allegedly offending products, and for damages for both past infringement and continued infringement.

The company originally named Kohl's Corp. in the suit as well, but later acknowledged that Kohl’s doesn’t operate stores in Massachusetts. Eventually, Polliwalks opted to dismiss its patent infringement suit against Crocs on May 20, court records show.

Crocs also managed to dodge a declaratory patent suit brought by footwear manufacturer Shoes for Crews LLC, which had claimed that its Froggz line of clogs did not infringe on two Crocs patents, as allegedly claimed by Crocs in a cease and desist letter.

Shoes For Crews and Crocs opted to drop that suit in March 2012, following a confidential settlement.

Attorneys for Crocs and a representative for Polliwalks were not immediately available to comment on Thursday.

FDRA Intellectual Property Digest Page 23

The patents-in-suit are 8,613,148 and 8,371,043.

Crocs is represented by Jennifer A. Sklenar, Michael A. Berta and Alissa H. Faris of Arnold & Porter LLP.

Polliwalks is represented by Stephen Y. Chow, Joseph M. Maraia and Hsuanyeh Chang of Burns & Levinson LLP.

The cases are Crocs Inc. v. Polliwalks Inc., case numbers IPR2014-00424 and IPR2014-00423, before the Patent Trial and Appeal Board of the USPTO.

Shoe Designer Antonio Brown Claims Louis Vuitton Committed Trademark Infringement

Daily News (New York)

August 16, 2014

By Marianne Garvey, Brian Niemietz, Oli Coleman with Molly Friedman

An up-and-coming shoe designer wants luxury brand Louis Vuitton to toe the line. In a lawsuit filed in the U.S. Southern District Court of New York, Harlem-raised cobbler Antonio Brown and his LVL XIII Brands Inc. charges that LVMH Moet Hennessy Louis Vuitton has committed trademark infringement by placing metal nameplates across the toe boxes of its On the Road footwear collection. The plaintiff claims that the “inherently distinctive” nameplate that was launched in early 2013 has already become a recognizable product signature, thanks to celebs including Chris Brown, Jason Derulo and Tyson Beckford wearing the LVL XIII shoes in television appearances and magazine features. The lawsuit claims that in February 2014, Vuitton, a 160-year-old French company with an international presence, began “to compete unfairly with LVL XIII by selling footwear using trade dress that is confusingly similar to the LVL XIII toe plate and which impinges on the goodwill in it.” Brown tells us that not only is he upset about what happened, but about who did it as well. “I really respect the brand,” Brown told Confidenti@l. “I was a little distraught that this had happened.”According to Brown, Vuitton’s global marketing machine has helped it claim credit for his idea. “Buyers were calling me a copycat!” he said.

FDRA Intellectual Property Digest Page 24

A rep for Vuitton counters, “The lawsuit is entirely without merit, and the company will vigorously defend itself.” This isn’t the first time Louis Vuitton has been accused of borrowing a shoe design. In 2009, the conglomerate settled a lawsuit with New Balance, which contended that Vuitton’s Minstrel shoe was a ripoff of the NB 574. After the settlement, Vuitton released a statement conceding that “in the interest of reaching a resolution with New Balance, Louis Vuitton has discontinued selling the Minstrel shoe. Respecting and protecting the integrity of intellectual property is essential, and is a top priority for Louis Vuitton.” The court papers filed by LVL XIII (pronounced Level Thirteen), reads like a press release. “They are made of two p-grade leathers and exotic skins in a variety of unique, flamboyant and distinctive designs and combinations,” it states in one very descriptive paragraph. Vuitton has until Thursday to address the LVL XIII claims.

India's Ducere Develops GPS-Enabled Shoes that Show You the Way

IndustryWeek

September 2, 2014

By Annie Banerji

"Wizard of Oz" heroine Dorothy only had to click her ruby red slippers together and they would spirit her home to Kansas.

Now, an Indian high-tech start-up is promising to do the same in real life with a new, GPS-enabled smart sports shoe that vibrates to give the wearer directions.

The fiery red sneakers, which will also count the number of steps taken, distance traveled and calories burned, will go on sale in September under the name LeChal, which means "take me along" in Hindi.

The shoes come with a detachable Bluetooth transceiver that links to a smartphone app to direct the wearer using Google maps, sending a vibrating signal to indicate a left or right turn.

They are the brainchild of 30-year-old Krispian Lawrence and Anirudh Sharma, 28, two engineering graduates who founded their tech start-up Ducere in a small apartment in 2011 with backing from angel investors and now employ 50 people.

"We got this idea and realized that it would really help visually challenged people, it would work without any audio or physical distractions," said Lawrence in an interview with AFP.

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"But then we were trying it out on ourselves and suddenly we were like, 'wait a minute, even I would want this,' because it felt so liberating not having to look down at your phone or being tied to anything."

"The footwear works instinctively. Imagine if someone taps your right shoulder, your body naturally reacts to turn right, and that's how LeChal works."

From Pure Function to Stylish Footwear

Smart shoes aimed at specific demographic markets -- such as dementia sufferers and children whose parents want to keep track of their movements -- are already commercially available.

But Lawrence and Sharma believe theirs will be the first to target mass-market consumers, and have focused on creating stylish rather than purely functional footwear.

As well as the red sneaker, they are marketing an insole to allow users to slip the technology into their own shoes.

"Earlier, wearable technology was always seen as machine-like, nerdy glasses or watches, but now that is changing," said Lawrence.

They say they have 25,000 advance orders for the shoes, which will retail at between $100 and $150.

Demand has so far mostly been through word of mouth and through the lechal.com website. But the company is in talks with retailers to stock the shoes ahead of the holiday season in India and the United States.

It forecasts it will sell more than 100,000 pairs of the shoes, which are manufactured in China, by next April.

Wearable Technology's Privacy Fears

Wearable technology is a growing global sector. Market tracker IDC forecast in April that sales would triple this year to 19 million units worldwide, growing to 111.9 million by 2018.

The industry's rapid growth has given rise to fears about privacy, although Ducere says it will record no data on users and maintains robust security.

The company still hopes its product will be useful for visually impaired people, and experts at the L.V. Prasad Eye Institute in the southern city of Hyderabad are testing its suitability.

"It's a perfect intuitive wearable item. You may forget to wear a belt or a helmet, but shoes you can never leave the house without," said Anthony Vipin Das, a doctor at the institute.

"LeChal solves orientation and direction problems, it's a good assistant to the cane."

FDRA Intellectual Property Digest Page 26

Possible problems include battery failure or loss of Bluetooth connectivity, which Das says could be fixed by providing a live feed of a user's position to a friend or relative, with their consent.

The company says it could use a portion of any future profits to subsidize the shoes for disabled users.

For all the shoes' high-tech features, Lawrence's favorite thing is that he no longer loses his phone -- if the wearer moves too far from his or her phone, the shoes buzz to warn them.

"I'm a very forgetful person and the best part is that the shoes don't let you forget your phone," he said.

FDRA Intellectual Property Digest Page 27