Gavrieli Brands LLC v. Lovie Pearl GmbH

I. BACKGROUND

According to the complaint, Plaintiff sells a famous line of footwear called Tieks, which are foldable ballet-style flats featuring a split sole. (Compl. § 15, ECF No. 1.) The split sole, dubbed the “Peekaboo,” bears colors contrasting from the upper portion of the footwear, which gives the Tieks shoes a distinctive look. (/d.) Plaintiff has committed significant resources “in developing Tieks® designs and Page 1 of CIVIL MINUTES — GENERAL Initials of Deputy Clerk SMO

securing the intellectual property rights that protect it, including” 13 design patents and two utility patents. (Id. ¶¶ 21–37.) Plaintiff sells these shoes “in over fifty (50) styles and patterns, and [the shoes] retail for $185 to $345 per pair.” (Id. ¶ 16.) Defendant is a German company who sells shoes similar to Plaintiff’s ballet-style flats designed with split soles; the colors of the soles also contrast with the upper parts of the shoe. (Id. ¶¶ 6, 38.) Defendant sells its products through “through its Amazon Web Store with the name ‘loviepearl’” at a cheaper price. (Id. ¶ 39; Compl. Ex. P, ECF No. 1-15.)

Based on these allegations, Plaintiff brings 15 claims…