IP Law Daily, PATENT NEWS: Seller of “Tennis Flip Flops” accused of infringing patented sandal design, (Jun 23, 2014)

By Thomas Long, J.D.

The owner of a design patent for sandals has filed suit against an online shoe retailer for selling infringing “Tennis Flip Flops.” The complaint was filed in the federal district court in Chicago (Habeeb v. Jukes Shoes, LLC, June 19, 2014).

Plaintiff Chad Habeeb asserts ownership of U.S. Patent No. D687,216 (“the ’216 patent”), which claims an ornamental design for a pair of sandals. The claimed design features lines that transgress the uppermost surface of the shoe.

According to the complaint, via its website at www.jukzshoes.com, defendant Jukes Shoes is selling sandals under the name “Tennis Flip Flops” that feature lines transgressing the surface of the shoe in a manner similar to what is claimed in the ’216 patent. Habeeb alleges that the Tennis Flip Flops are identical in shape, design, and ornamental features to the design claimed by the ’216 Patent, including all of the nonfunctional elements of that design.

Habeeb requests a permanent injunction barring Jukes Shoes, its officers, agents, members, employees, representatives, assigns, and all others acting in concert or participating with any of them from selling, authorizing, or licensing the sale of flip flops and all other merchandise that infringe upon the ’216 patent. Habeeb also asks for awards of compensatory damages in an amount no less than a reasonable royalty, interest, and attorney’s fees.

The case is Civil Action No. 1:14-cv-04649.

Attorneys: Edward L. Bishop (Bishop Diehl & Lee, Ltd.) for Chad Habeeb.

Companies: Jukes Shoes, LLC

News: Patent IllinoisNews