Allbirds, Inc. v. Giesswein Walkwaren AG

I. BACKGROUND

24 On September 6, 2019, Plaintiff Allbirds filed the operative Complaint in this case. ECF 1 25 (“Compl.”). It alleges the following facts, which the Court must treat as true at the pleading stage. 26 See Maya v. Centex Corp., 658 F.3d 1060, 1068 (9th Cir. 2011). 27 WOOL RUNNERS® were Allbirds’s original and flagship product. Compl. ¶ 1. They are 1 “premium casual sneakers made from natural, environmentally sustainable materials,” including 2 || Merino wool. Id. According to Allbirds, the design was “carefully honed” “after years of 3 || research and development.” Jd. 4 16. In addition to “their groundbreaking application of 4 sustainable materials,’ WOOL RUNNERS® are touted as “beautiful,” “remarkably comfortable,” 5 and “machine washable.” Id. 1, 3. The following images of aWOOL RUNNERS® sneaker is 6 || included in the Complaint: 7 8

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W eee — ae 14 315 Compl. at 7.

A 16 Since 2016, WOOL RUNNERS® have been sold throughout the United States via brick-

5 U7 and-mortar retail locations and the Allbirds website. Compl. {J…