Polliwalks v. Family Dollar - Complaint

{W3738247.1}

UNITED STATES DISTRICT COURT

DISTRICT OF MASSACHUSETTS

)

POLLIWALKS, INC. )

)Plaintiff, )

)

v. ) Civil Action No.________________ )

BBC INTERNATIONAL, LLC and ) JURY TRIAL DEMANDED

FAMILY DOLLAR STORES, INC. )

)Defendants. )

)

COMPLAINT FOR PATENT INFRINGEMENT

Plaintiff, Polliwalks, Inc. (“Polliwalks”), by its undersigned counsel, for its complaint

against BBC International, LLC (“BBC”) and Family Dollar Stores, Inc. (“Family Dollar ”, and

collectively with BBC, “Defendants”), states as follows:

NATURE OF ACTION

1. This is an action for patent infringement arising under the Patent Laws of the

United States, 35 U.S.C. §1 et seq.

THE PARTIES

2. Polliwalks is a corporation organized and existing under the laws of the

Commonwealth of Massachusetts and has its principal place of business in the Commonwealth

of Massachusetts.

3. Upon information and belief, BBC‟s has offices in Randolph, Massachusetts and

Boca Raton, Florida. BBC purports to be a full service footwear supplier.

Case 1:13-cv-11442 Document 1 Filed 06/14/13 Page 1 of 7

{W3738247.1}

2

4. Upon information and belief, Family Dollar (NYSE: FDO) purports to be a small-

format convenience and value retailer with over 7,600 stores in 45 states, including more than

100 stores in the Commonwealth of Massachusetts.

5. Upon information and belief, Defendants offer to sell products, and, in fact sell

products throughout the United States, including in this judicial district and introduce products

that infringe one or more claims in United States Patent No. 8,371,043 (the “ „043 Patent”) and

United States Patent No. 8,371,044 (the “ „044 Patent”) into the stream of commerce knowing

that they would be sold in this judicial district and elsewhere in the United States.

JURISDICTION AND VENUE

6. This is an action for patent infringement arising under the Patent laws of the

United States, Title 35 of the United States Code.

7. This Court has jurisdiction over the subject matter of this case under 28 U.S.C.

§§1331 and 1338(a).

8. Venue is proper in this judicial district under 28 U.S.C. §§1391 and 1400.

9. Joinder of BBC and Family Dollar in this action is proper as BBC manufactures,

imports into the United States and markets to Family Dollar its infringing products which

infringing products Family Dollar markets and sells to consumers in this judicial district all as

part of the same transaction or series of transactions concerning the same infringing products.

COUNT I

(Infringement of the ‘043 Patent

)

10. Polliwalks hereby incorporates paragraphs 1 through 9 by reference as though set

forth fully herein.

11. On February 12, 2013, the United States Patent and Trademark Office (the

“USPTO”) duly and legally issued the „043 Patent. Polliwalks owns the entire right, title and


{W3738247.1}

3

interest in the „043 Patent and such ownership rights are confirmed by assignments recorded in

the USPTO. A true and accurate copy of the „043 Patent is attached hereto asExhibit 1.

12. BBC makes, imports, uses, sells or offers for sale a three-dimensional sculpted

shoe featuring a “Spiderman” character and spider web (the “Infringing Product”) that infringes

one or more claims of the „043 Patent.

13. Family Dollar uses, sells, offers for sale to consumers, the Infringing Product that

is sold to Family Dollar by BBC. True and accurate photographs of the Infringing Product are

appended hereto as Exhibit 2.

14. BBC has also infringed one or more claims of the „043 Patent by knowingly and

actively inducing others to infringe, by contributing to the infringement of others, including but

not limited to Family Dollar, and by intentionally aiding, assisting and encouraging the

infringement by others, including but not limited to Family Dollar through the sale, offer for sale,

manufacture and use of the Infringing Products.

15. Defendants were made awar e of the „043 Patent and their infringement thereof at

least as early as its receipt of correspondence from counsel for Polliwalks providing notice of the

„043 Patent and Defendants infringement thereof which was sent to each of the Defendants on or

about May 23, 2013. The letters were sent United States Priority Mail with a tracking number.

BBC responded to these letters and thereby confirmed the receipt thereof.

16. Upon information and belief, since at least the time Defendants received notice,

Defendants have induced and continue to induce others to infringe at least one claim of the „043

Patent under 35 U.S.C. §271 (b) by, among other things, and with specific intent or willful

blindness, actively aiding and abetting, others to infringe, including, but not limited to,


{W3738247.1}

4

Defendants‟ customers, whose use, and on the part of retailers, sale, offer for sale and use of the

Infringing Product constitutes direct infringement of at least one claim of the „043 Patent.

17. In particular, Defendants‟ actions that aid and abet others such as their

distributors, partners and/or customers to infringe include advertising and distributing the

Infringing Product. Upon information and belief, Defendants have engaged in such actions with

specific intent to cause infringement or with willful blindness to the resulting infringement

because Defendants have had actual knowledge of the „043 Patent since at least the date

Defendants received notice from Polliwalks‟ counsel notifying Defendants of their infringement

of the „043 Patent.

18. Despite Polliwalks‟ counsel‟s notice regarding the „043 Patent, Defendants have

continued to infringe the „043 Patent. On information and belief, Defendants‟ infringement has

been and continues to be willful.

19. Polliwalks has been harmed by Defendants‟ infr inging activities.

COUNT II

(Infringement of the ‘044 Patent

)

20. Polliwalks hereby incorporates paragraphs 1 through 19 by reference as though

set forth fully herein.

21. On February 12, 2013, the USPTO duly and legally issued the „044 Patent.

Polliwalks owns the entire right, title and interest in the „044 Patent and such ownership rights

are confirmed by assignments recorded in the USPTO. A true and accurate copy of the „044

Patent is attached hereto as Exhibit 3.

22. BBC makes, imports, uses, sells or offers for sale the Infringing Product that

infringe one or more claims of the „044 Patent.


{W3738247.1}

5

23. Family Dollar uses, sells, offers for sale to consumers, the Infringing Products

that are sold to Family Dollar by BBC. See Exhibit 2.

24. BBC has also infringed one or more claims of the „044 Patent by knowingly and

actively inducing others to infringe, by contributing to the infringement of others, including but

not limited to Family Dollar, and by intentionally aiding, assisting and encouraging the

infringement by others, including but not limited to Family Dollar through the sale, offer for sale,

manufacture and use of the Infringing Products.

25. Defendants were made aware of the „044 Patent and their infringement thereof at

least as early as its receipt of correspondence from counsel for Polliwalks providing notice of the

„044 Patent and Defendants infringement thereof which was sent to each of the Defendants on or

about May 23, 2013. The letters were sent United States Priority Mail with a tracking number.

BBC responded to these letters and thereby confirmed their receipt thereof.

26. Upon information and belief, since at least the time Defendants received notice,

Defendants have induced and continue to induce others to infringe at least one claim of the „044

Patent under 35 U.S.C. §271 (b) by, among other things, and with specific intent or willful

blindness, actively aiding and abetting, others to infringe, including, but not limited to,

Defendants‟ customers, whose use, and on the par t of retailers, sale, offer for sale and use of the

Infringing Product constitutes direct infringement of at least one claim of the „044 Patent.

27. In particular, Defendants‟ actions that aid and abet others such as their

distributors, partners and/or customers to infringe include advertising and distributing the

Infringing Product. Upon information and belief, Defendants have engaged in such actions with

specific intent to cause infringement or with willful blindness to the resulting infringement

because Def endants have had actual knowledge of the „044 Patent since at least the date


{W3738247.1}

6

Defendants received notice from Polliwalks‟ counsel notifying Defendants of their infringement

of the „044 Patent.

28. Despite Polliwalks‟ counsel‟s notice regarding the „044 Patent, Defendants have

continued to infringe the „044 Patent.

29. On information and belief, Defendants‟ infringement of the ‟044 Patent has been

and continues to be willful.

30. Polliwalks has been harmed by Defendants‟ infringing activities.

PRAYER FOR RELIEF

WHEREFORE, Plaintiff Polliwalks demands judgment for itself and against the

Defendants, as follows:

A. An adjudication that Defendants have infringed the „043 Patent;

B. An adjudication that Defendants have infringed the „044 Patent;

C. for injunctive relief, both preliminary and permanent, enjoining Defendants, and their

officers, directors agents, servants, employees, and all their entities and individuals

acting in concert with them or on their behalf from further infringement of either the

„043 Patent and/or the „044 Patent;

D. An Award of damages to be paid by Defendants adequate to compensate Polliwalks

for Defendants‟ past infringement of either the „043 Patent and/or the „044 Patent,

and any continuing or future infringement through the date such judgment is entered,

including interest, costs, expenses and an accounting of all infringing acts;

E. for an award of enhanced damages resulting from Defendants‟ willful infringement of

the „043 Patent, pursuant to 35 U.S.C. § 285;


{W3738247.1}

7

F. for an award of enhanced damages resulting from Defendants‟ willful infringement of

the „044 Patent, pursuant to 35 U.S.C. § 285;

G. for an award of attorneys‟ fees pursuant to 35 U.S.C. § 285 based on, but not limited

to, Defendants‟ willful infringement of the „043 Patent;

H. for an award of attorneys‟ fees pursuant to 35 U.S.C. § 285 based on, but not limited

to, Defendants‟ willful infringement of the „044 Patent;

I. for an award of costs, pre-judgment and post-judgment interest on any damages

awarded, pursuant to 35 U.S.C. § 284 and other applicable law; and

J. for such other and further relief as the Court deems just and reasonable.

DEMAND FOR JURY TRIAL

Pursuant to Fed. R. Civ. P. 38, Polliwalks hereby demands a trial by jury in this action on

all claims and issues so triable.

Respectfully submitted,

POLLIWALKS, INC.,

By its counsel,

Dated: June 14, 2013

/s/ Jeffrey E. FrancisJeffrey E. Francis, BBO #639944

[email protected]

Joseph Maraia (BB) # 650569)

[email protected] ATWOOD LLP

100 Summer Street

Suite 2250

Boston, MA 02110(617) 488-8136


mailto:[email protected]




Case 1:13-cv-11442 Document 1-1 Filed 06/14/13 Page 1 of 11

EXHIBITl

(W291!586.2)


c12) United States Patent

Rusnak

(54) SHOES

(75) lnvl'ntor: ,Jol.'l Rusnuk, Newburyport, MA (US)

(73) Assignee: l'nlliwulks, Inc . Sudbury, MA

(US)

( *)

Notice: S u b j c ~ : t to

any t l i ~ c l a i m e r , the term of this

patent is ~ ~ x t c • n d e d

or adjusted umkr 35

U.S.C. 154(b)

by tJOS days.

This patent is subject to a terminal dis

claimer.

(21) Appl. No.:

12/184,417

(22) Fil(.'d:

AnA. I, 2008

(65)

(60)

(51)

(52)

(58)

(5o)

Pt'inr Publlcntion Dnta

US

2009/0031587 A 1 Feb.5, 2009

Related U.S. Appllcutlun Dahl

l'rovisionul application No. 61/075,778, likd ou Jun.

26,

2008, provisional application No.

60/953,246,

liled nn Aug. I, 2007.

Int. Cl.

A43IJ 23/00 (2006.01)

U.S. Cl .. ......... .......... ......... .... :Hi/11.5; 36/136; 36/4

Fll•ld of Classllicnllon Sl! l l l 'd l .................... 36/112,

3o/ 136, 4,

11.5; 12/142 S, 142 RS; D2/897 - ~ N 9 ,

D2/tJ48-952

Sec applicution !11c l(x wmpletc search history.

Jlcfl'I'I.'!ICCS

Citl•d

U.S. PATENT

DOCUMENTS

'l.lS,I79 A

*

J,I5H,55S A *

3,402,485 ;\ *

3,538,628 A

3,906,6,12 A

4,050,167 A <·

4,0S(),I6S A <·

4,279,049 A •

IOil 890 <)tllurio ......................... I 0 I I O<j

111196,1 Bingham, Jr ...... ...... ...... . 205;72

911968 Mc1vlorrow ....... ........ .... 36125 R

I l/1970 Einstein, Jr.

')/ 197 5 Cohen

9!1 977 Sente r ............ ............... J6/32 R

911977 Pac..- ............

...

......

..

......

..

.

36/136

711981 Coiquaud .................... 12/142 S

111111111111111111111111111111111111111111111111111111111111111111111111111

CN

CN

US008371043B2

(tO) Patent

No.: US 8,371,043 B2

*Feb. 12,201345) Date

of

Patent:

[)260,'1•17 s

!)261,195 s

0282,309 s

D282,3l0 s <·

1)290,062 s

5,331,753 A *

5,465,507 A ''

D36o,752 s

911 t)H I

Grccnblall

d

at.

t0/1<181

Wd6s

t/1986 Valori

l/11)86

Valori

............................ D218<J9

611987 Vak>ri

711994 Hodibaugh ..................... 361136

I tll995 Sdnunadwr cl al. ........ 36130 R

211996 Slwnnnn

(('ontinued)

FOREIGN P:\Tl\NT DOCUMENTS

2618470 y 612004

272445:> y 912005

(Continued)

OTHER PlJBI.lC;\TIONS

Onlinu wcbpagc,

Crocs Footwear, Crocs,

Inc.

(Niwot, Colorado);

Downlon(kd Aug. I, 2007, http:llshop.crocs.comlc-<1-Footwcar.

a s p x ' ! n : q i d - 4 & r c q l ' r o d ' l y p d d - 4 & s u b s c c t i o n n a m c ~ f o o t w c a r .

Primm:t• Hxamiuer --- Murie PuttL·rsou

(74) Allonn:P. Agent. ur Firm -- Antoinetle

Cl.

Ciiugliano;

AGO Intellectual Property Law

(57)

ABSTRACT

The present invention rdates to a molded shoe featuring u 3

dimensional ligure (e.g., an animal

OJ'

character). The shoe

has

a sole having a bottom

surliJCe

thnt comprises a series of

projections and recesses that

lorm a print lbr an animal or

character, to therl!by obtain an imprinting surlhee; and

an

upp<'t', attach<'d

to the sole, having an outer surllJCc thutl:nm

prises 11 series or projedions and fCCl'SSCS that lcll'lll

H three

dimensinnnl llgure (e.g., an animal figure or a character fig

ure). The sole and upper are suhstantially l(mned fmm

molded plastic: the projections nnd recesses of

the animal

imprinting surl\u:c allow 0111.) wearing till'

:dwe

tn nwke

imprints on a son surlhce. and the three dimensional Hgme on

the outer surlttee of the upp(.'r relates to the print of the

imprinting surlltcc. The methods or the present invention

tiJrther im:ludc making imprints with the bollom surlht:e ol'

the shoe.

15 Clulms, 4 Dt·awing Slll'L'Is


US

8,371,043 B2

Page 2

lJ.S. PATENT DOCUMENTS

D517,7St) S

J/21JOo

Seamans

1)5 17,790

s

:112006

Sc...•amatts

DJ78,009 s

+

211997 Sullivan

cl nl. ................

])2/917

D521,217

s

5!200(1

l\'lochring cl

a!.

1)381,795 s 811997

Coals

D525,0 17 s 7/2006 Ochoa

[)393,937 s

..

511998 Henson ..........................

D2tX!JlJ

1)525,419

s 712006

Scallwns

1)31)4,137 s

511!)1)8

Nn<ld

} ) 5 2 9 , 2 6 : ~

s

10i2006

\Volt'

5,765,300 A

611998

Kianka

])532,188 s

111200(\

McCiaskic

])397,541

s

•

9/1998 Hen"lll ..........................

J)21S')t)

7,146,751 Bl

12/2()()(\

Seamans

s . ~

,\

911998

Bisconli

})5:15,088 s 112007

Seamans

5,837,17<1

A

11/1991:\ Bisconli

D541,c\81 s

(ii2007

McOuthy

5,X68,981

A

21 1')9')

His.:onli

D544,182 s

612007 :vtcCiaskic

5,974,69<1

A

llii9CJ<)

Wcchiola

1)547 .540 s

712007 ivladcrspac h

5,'iSO,J51

A

t II 1999

lvkCook

D549,434 s

W2007 S<.'lllllllllS

))418,663

s

l/2000 Senit'

D5o7 ,4S2 s 4/2008 !loy!

!)422,778 s

4/2000

Yang

D604,0:H s

tl•

1112009

Amkrscn d at. ..............

[)21')52

()423,197 s 4/2000

Yang

2002100Klri23

AI*

712002 .ltlscph

............................

361122

Ci,OSO,O:l3

;\

"'

0/2000 Fladwood cla l. .............. 446/2Ci

200210 I6Ci25X

AI''

1112002 l'osn

36111.5

(\,IS9.240

Bl *

212001 Cowgill <.1

a!.

................. _16/112

20(J4!02:lll90

AI

I 112004

Se-amans

D479,.\S6 S

"

912003

Gebhard!

.......................

D2r8'iX

2006

1

00,1X•I07 AI* .1/2006

Seatnans .........................

.161.1 R

IJ4X7

,(> 14 S

.1/2004

I.e

200710130797

t\

I

6/2007 Seamans

D•IX9,516 S

5/200<1 (Jcbhanll

D490,21S S 5/20!H

(iebhardl

FOREIGN PATENT DOCUMENTS

D49S,03S S 11/2004 Gebhard!

CN

2761006 y

D49X,907

S

1112004 Gebhard! ct nl.

FR

2343395

9/1977

D49S,90S S 1112004 Gebhardt cl nl.

wo

\YO

tl2/052972

7!2002

6,957.504 132

10/2005

:-.-t(Jrris

wo

\YO 20tW06455Ci A2

X/2004

6,993,858

B2

212006 Seamans

D517,7l>X S .112006

Scamnns

* cited by examiner


U.S. Patent

Feb.12,2013 Sheel l of4

US

8,371,043 B2

;::I


U.S. Patent Feb. 12, 2013 Sheet 2 of 4

us 8,371,043 82



US 8,371,043 B2


U.S.

Patent

Feb. 12,2013

Sheel 4

of

4

US 8,371,043 B2

~ I


us 8,3 71 ,043 82

1

SHOES

RELATEDAl'l'LICATION

This application claims tho hcncflt of U.S. Provisional

Application

No.

61/075,778 entitled "Sl (01\S" by Joel Rus

nuk, l11ed on Jun. 26,

2008.,

and

U.S.

Provisional Application

No. 60/95:'\,246, entitled "ANIMAL PRINT l'vL•\KlNG

SHOES" by Joel Rusnak, liled on Aug. I, 2007.

2

series of pwjcrtions and recesses, as described herein, inde

pendent of tlw

prints on

tho

bottom

surliu.:c

of tho shoe.

Similarly, an embodiment of the present invention indudcs

the series of projections and

I'L'Cesscs

that make the imprint

(e.g., unimnl imprint) on

tho

hollom surlitce nfl hc sole, inde

pendent nf tho throe dimensional figure of

the

up1wr. In yet

another embodiment, tho present invention rl'lutcs tn a shoo

that has both.

Tlw present invention further includes methods ornwking

Tlw entire teachings oft he ubovc upplieatiuns arc incorpo

rated lwrcin by rdcn.•nc<:.

BACKGROUND OF Till\ INVI\NTION

Shoes

for

children many I imes can lnck a fun tlwme nnd/or

three dimensional design. Children enjoy exploring

nnd

lemning about new things. In pmticular, many children have.:

a love

of

animals and

c.:harac.:t<-rs.und

like to learn abnut them.

tu an

im))l'int on a ~ m f a c e with a mnld1.'d shoe, as described

lwrcin. Tho methods

i n c . : J u d L ~

sk'pping

on

tho surlitce with a

molded shoe ol'

tho present invention,

liS

described herein.

Tho surlhce

is

u soft surlhce !hut indudcs dirt, mud, sand or

clay.

In an

embodiment, tho mc:thod further includes coating

A need exists lor shoes that have three dimensional, fun

themes.

l

n purticular, nnecd exists !'or shoes thnt have a three

dimensional nnimal or clmracter ligure integrated into them.

A f u r t h t ~ r nL'<:d exists to make n three dimension animal!

character shoe

!hut abo

makes imprints.

15 the

bottom surHK·c with a printnwking snlutinn, and stepping

on to n surliwe like paper to make imprints. In

yet

anotlwr

cmbodinwnt, the method indudcs

Wl'tl

ing the

bottom

surlill'l'

ol'lhe shoe and stoppingon a dry surlitre tu make tho imprints.

The present invention hus several (ldvantagcs. Children ran

"" now

enjoy shoos

with

three dimensional animals

o1·

ligures

integrated within tho shoo.

At

the same tinic, children can

learn and/or make !bot prints

of

tho animnl or chllmcter while

wearing the shoe.

SUMMARY OF THE INVENTION

25

The present invention relates to a

molded shoe featuring u

3 dim,•nsional ligure. The shoe

hns

a sole having, a bottom

surli1ce that comprises a series of projections and recesses

(e.g., < . ~ n n t o u r s ) that lhrm a print (e.g.,

un

unimal print, which 311

include animal {(Jotprints or animal trat·ks), to thereby obtain

an

imprinting surlitce. The shoe further includes

an

upper,

a!lachcd to the snle, having an outer surlhce that comprises a

series of projections ami recesses that

R1rm

a thrL'c <limcn

sional ligurc (e.g., an animal Jigme, charm.:ter llgurc, or u 35

figure that rcl1ccts a person's likeness). The recesses and

projections or tho

ligure of the upper is integrated with

the

sole, and

the.:

depth

of

tho projections,

r e < . • < . • s s ~ . · s ,

or both of tho

upper range between e.g., about 2

uun

to about 20

mm

(pref

cmblv between about 3 mm and about 10 mm). The snlc und 40

uppe;·, in nn aspect, arc substHntially or fully limned li·nm

molded plastic.

Also,

tho projections and rocesses

or the

imprinting surlhce (e.g., animal imprinting surlilcc) allow one

wearing the shoo to nwkc imprints on a sol\ surlhce or hard

surli.tce when sole is wet. l'rclcntbly, and the ligurc on tlw 45

outer u r l ~ t c c

of tlK•

upper rclntcs to, corrc;;pnnds to, or oth

erwise correlates with the print

of he imprinting surlhcc. The

molck•d plustic, in m1 embodiment. made of recyclable mntc-

rinl and is recyclable. In an aspect, the figure is an animal

ligure or a 3-dimemional character ligure. The animalllgure so

of

tho

upper includes e.g., a ladybug, an nlligntor. n frog, a

duck. a dinosaur, bugs (e.g

.

a

11rdly

and a bee). a turtle, a

pantlwr and

l1sh.

In one aspect, tho animal imprinting surlhcc can be of

1\mtp!'ints or the unimal ligurc that llmns tho upper. 'lllc ss

imprinting surlhce has projections, recesses, or both that lwvc

a depth

that

rang,cs between about 2 nun

to

about I 0

111111

(e.g

.

between about 2mm nnd 5mm) to thereby obtuin an imprint-

BIO!W DESCRIPTION OF THE DRAWINUS

The foregoing and ollwr objects, !Catmcs and advantngcs

of tho

invention will be npparcnt from tho lbllowing more

particular description of preferred embodimentsof he inven

tion, ns illustrated in the accompanying drawings in which

like rclcrence dliil'llctcJ>

refer to

the

same parts throughout

the

dill'c:rent

vil•ws.

'!'he drawings arc

not

ll\.'\.'essarily to scak.

emphasis instead being

plm;cd

upon illustrating tho principles

nl'thc invention.

FIG. lA-IC arc schematic.: dwwings of a side view. bottom

view

nnd

a back view, respcctively,of'a molded shoe featuring

a ladybug.

FIG. 2A-1C

are schematic dmwings of u sidL'

view,

bottom

view umla back

vk'IV,

respcctivcly,ofamoldcd h o • ~ l'euturing

:111 alligator.

FIG. 3!\-1 C arc schematic dmwings of a side view, bollom

view and a hack

view,

respectively, ofu molded shoe H.<aturing

n lrog.

FIG. 4A-1C arc schematic dmwings of a side view, boll om

aml:1 of h o L ~

a duck.

I)ET;\ll.lll) J)I\SCRIPTJ<)N OF TilL\ INVI\NTION

A desniption of preferred embodiments of the invention

li11lnws.

The present invention relates to

a

molded shoe

t h a t l c < ~ t m c s

u

tluve dimensional flgure. In an

cmbodinwnt, the thn.'c

dimensional llgurc C<lll he un animal, a chnntcter, or of n

person's likeness. 'llw molded shoe or the present invention

includes a series ol' projections and rocesses that l(mn a pat-

torn (e.g., an nnimal pattern or a dmmcter pattern) on the

bottom surl(lcc of tho sole, nnd/or

has

a three dimensional

llgurc intl'gnilc.'d into

the

upper or uny portion or the

shoe.

( c . ~ . g . ,

tops ol'tlw shoe, silks nl' ihe shoo, the hack oflh c shoo).

;\s relcrrcd tn heroin. ll snlc is (I port

inn

or the shoe that

Hmns tho hnttnm part of tho shoe; the p<irl

on which the lhot

rests. The sok has a bottom surlltce that comes into <:ontact

with

the

or

11oor,

or other

sul'li.1ce on

whidt a person is

ing surlhec. The shoes

con

lltrthcr include a stmp lin· wmp

ping around tho b a 1 . ~ k of the ankle, wherein the stmp has a lh>t 6u

nnd second end ullnchcd to the upper. 1110 upper includes a

series of projections und rocesses that lbnn a three dimen

sionnl llgure that hns an

eye. a mouth, animal skin pallern.

l ~ · a t h c r s ,

scnlt!s, nose, teeth, grass, toes, feet, cars, fllr. mouth,

claws m· any combination thereof.

1>5

walking. Another portionof the shoe is the upper. The upper,

<dso known as a vamp. is

tho pnrtinn ol'thc shoo that holds the

shoo onto the ltlnl. In an embodiment, the upper is the portion

An aspect of ho invention includes the three dimensional

llgtu·c (e.g., animal llgure) intcgmtcd intn the upper using. tim


us 8,371,043 82

3

orthe shoe that covers the

toes, the instep, the

bm·k of he fimt,

nnd/ur the sidL'S oftlw !llOI. A shoe includes fnotweur such !IS

dogs, boots, sanduls, and the

like.

In an embodiment, the molded

s h m ~ of the present inven·

lion includes

!l

sole hnving n botlnm ~ u r l i K · e . Tlw bol!om

Stll'litce can be

slmpcd such !hut

nil or a portion of the surlitce

comes into contact with the ground. In the case of a llnt shoe,

4

inelude using the likeness of a person including Hunnus per·

sons. The thrcc-dinK•nsinnal llgurc• of he upper im•ludcs three

dimcnsinnal

c h < ~ r n c t c ' r s

having gcncml overall fcaltlrcs,

shape. likeness orthc person or character (..:.g., hats, lwirstyl..:,

accessories, instnuncnts, clothing, und

the like), The shoes

can be nl' uny color or color combination. An uspcct of the

invention includes a shoe with <In upper having a three dimen·

sionalligmc or animal integrated therein.

Referring to l.'lCfS. lA-C shows ladybug shoe 1!1 of

the

all or substantially all oflhe surHtce comes in contnct with the

walking smfh<:c, whereas in the l'llse of a heel, portions (e.g.,

tlw hall

oftlw foot

and the heal) oftlw shoe comes into contact

with the walking surfm:c. The bottum surlltcc uf

the mukled

shoe of the present invention has a series nf projections and

recesses that l(mn various imprinting surlitccs featuring a

print thnt correlates to the three-dimensional figure, such ns

an animal print or charocter print. The projL'Ctinns and

l'L'CCsses

nrc s!Ja(K'd und eon toured to I(Jtm the print. The print

(L'.g., animal print) can

i n d u d ~ variety ot'items r c l ~ t t c d lolhe

three' dimensional llgure ofthc

uppL'l',

e.g., li.lnt prints, trncks,

leaves, unimnl shapes, lily pads, grass, und

any combinution

thereof. Other animal related items cnn i(mn

the

imprit\ting

surlhcc of

the

shoe

of the

present invention. In a preferred

embodiment. the animal print on

the bottom sur1hce includes

to present invention. J!IU. lA shows a side view of the

molded

shoe and has strap 2 and lady bug upper 4A whkh is limned

hy a ladybug's body which includes a mouth. cyL'S, und wings

having a wing paucrn. The shoe design further includes Judy·

bug

Jeet,

leaves and grass. The ladybug shape is lt1nncd

lhllll

15 a series of projections and recesses that arc inlegrmcd into a

thrc'e dimensional animal figure of the

uppL'l'. The upper l'an

llu·ther ineludc openings e.g., to accentuate the animal pal!ern

such as the wing pattl•l'll.

The shoe shown in the ligurc

is

n : l o g . llmvcvcr, the shoe

~ n cun be embodied in uthcr types

or

shoes such as sandals,

boots, closed shoes ;md other types known in

the

art.

a fiJotprint of the

limlurcd animal (e.g., the nnimal that

forms

the tlm·c dimensional portion

of the upper).

The shoe 1\trther includes strap 2, when worn, wraps round

the back of tlK' ankle. The strap has

two ends. cm:h end

attaching to a portion ol'lhe upper. ThL'

strap can be stationmy

ThepmjLx,tions

und

recess()>

(e.g., indentations) on thcsnlc

arc deep enough to

make un

imprint on a surlhcc. In <111

embodiment, the projections, rcL·csSL's or both have u depth

that mnges betwc..:n uhout 2 nun to about 10

mm (e.g,., prcf·

erably between about 2 and

5

mm). ln an embodiment. the

surllttc on which the imprint is made is a son surlitcc, such as

dirt, sand, or mud.

In annthcr embodiment, the surll!L'e !:an be

a hard or non-spongy surl!tcc, and the

bo!lom surJltce of the

shoes of the present invent

inn c;m

be

l:natcd with an imprint·

ing solution (e.g., washable paint).

In

yet

another embodi

ment, the bottom surface cun be

coutcd with n solution that

only appears on paper that reacts to

the solution. Still in

llllothcr embodiment, the bottom surlncc cnn be wetted nnd

prints can be mndc on a dry surliwe.

25

or pil'llt. Additionally, the strap can be nwde of molded plas·

tic, or from tmothcr material (e.g., cloth, leather), or combi

nation thcrcol'. 'lllC strap can usc an ttttaching und/ot· udjust·

able means

that indude a buckle, snaps, velcro, buttons,

1hstcners, or otlwr methods known in the

art or Inter devel·

.lo oped. The st111p can be allached directly m indirectly. For

example, washers can be used to indirectly connect the strap

end and

the shoL'

to

allow the

sirup to

more easily rotate.

In a prelerrcd embodiment, the shoe and the strnp is

made

from molded plastic, or a material that

is recyclable. Th1.• shoe

35 ofth..: present invention, in one aspect, is made ofrccyclnblc

material and is

recyclable, The shoe can fitrthcr include a

logo, tmdcmarks or a recycle symbol on any

part of the shoe

including tlw IKltlom imprinting sur!hcc.

The present invention, in an aspect, 1\trthcr int:ludes an

upper that has an ll\iler surlltce (e.g, an outer htyc·r) with u 411

series of projections and recesses thut

fnrm

an aninwl l1gurc.

n chamcler figure or other 3 dimensiounlfig,mc. 'l11C 3 dim en·

sional figure can be intcgmted into all or any portion of the

shoe upper which includes the portions which cover the

instep, tlw toes, the hack oftlw foot, and the sitks oftlw

fi.1ot. 45

The figure (L'.g., animal Jlgurt:),

in an embodiment, has eyes,

mouth. nose, ems, hair, feathers, scnlcs, wings, <1 skin pattern.

gruss,

und

nny eomhimttion thercol: The ligure

is

a three

dimensional llgnre that is integrated with the

u p p ~ r .

as com·

pared to two dimensional p i c t u r ~ s or drawings that are printed sn

onto the shoe. The projections and recesses nre contoured and

shaped to lbnn the three dimensionalllgurc. The shue of the

present invention can formed into any animal figure, and

some examples shown in the llgurcs incluck• a ladybug, ulli·

gator,

ftng and duck. Additional animal ligures can be limned 5 '

as part

or the shoe, as describLxl herein. and they include

dinosaurs. tigers. lions, snakes, penguins, dragons. girut1es,

elephants. pnndns, bc'al':l, buttcrllies, drag,onllies, hippopotn·

mus,

bugs (e.g., a llrcll;

1

and a beL'), n turtle, a panther, fish,

etc. ur any other animul. Examples of

typl'S

of dinosaurs 6<!

im,,lude trieemtnps, !lrchtK'optcryx, compsognuthus. tymnnn·

satmls, apatnsaums, ichthy<,suurs, mos;tsuurs, plcsinsuurs.

ptcrosam-:;, dimetrodon, ankylosaums, dimetrodon, ammo

saums and iguanodon. In an embodiment, the ligure can be of

a charactel' (e.g., fictional or non-llctional characll•r). ()5

1\xampk•s of

11ctional

characters include those seen in

car

toons, plays. on TV shows, and

the like. Characters further

The bouom surli1cc of sole 6;\ shown in FlU. 113 shows an

<111imal

imprinting surl\tce. This tHlrticular surlhce shows

series

nr Judyhugs on leaves. lienee, when a person or child

wearing the shoes walks on a sol\ surlbce, an imprint

of

ladybugs on leuves will be made.

In addition to an outline of

the li:-aturcd animal, animal footprints can Ji.wm the imprint

surlltcc (sec soles 6C, and 61) FIGS. :m,

1111d

I'L'SJll'clively).

Other animal

!igUI'l'S that form

the

imprinting

o\lrlhce or the present invention include animal symbols,

m m t c ~ .

h u b i t u l ~ . (e.g., grass, leaves, rocks, wutcr), animal

out lines,

and

the like. The anima I ligures that J\mn the

imprinting surlitce can be

r<'petitive or non·repetitive. In a

preferred embodiment. the nnimnl imprinting surfhce on the

bottom surl!tcc

of the sole relates to or matches the animal

11gmc of tlw upper. For example. webbed teet imprinting

surlhce with a duck nnimalligurc is used in an embodiment.

Tlw animal pl'int

(\I ' the imprinting surlhce relates to the

anatomy, habitat or way ofliJe

of the

n.•<tturcd animal

of the

upper.

Rclerring, to FIGS. 2A·2C. alligator shoe 20 ofthc present

invention l(·aturcs an alligator. In these ligures, alligator

upjWl' 41l includes contours (e.g., projections and recesses)

!hut shtt]ll.' the alligator's mouth, teeth,

beak, eyes, rmd skin

pnllern. 'llw projections and recesses arc further slmpcd to

include swamp-like grass. The bollom imprinting surllK·c of

sole 613 has a series ofcontours that lcm11 alligator feet

and lily

pads.

Similarly, FICJS. 3A-C shows the plastic molded IJ·og shne

40 of the pt\'scnt inwntiun in which the contours li.m11 a thrL'e


us 8,371,043

82

5

dimensional

J!·og.

Fwg upper 4C includes projections and

n::ccsscs that Hr<.l slmpt:d to include a mouth. cycs, nostrils. tlw

ft"<lg's skin patt<.·rn (c.g . bumpy), and

its

habitat that indudcs

grass. Thc imprinting surface of sole 6C has projc<:tions and

recesses that lim11 webbed

feet,

lily pads

nnd

grass.

A

three

dimensiLmul

duck figure

is the 1\wus of duck shoe

60 shown in

FlGS. 4A-C. Duck upper 4D's projections and

reccsses fonn the ducks beak, nostrils, mouth, eyes, leathers,

and grass, while the corresponding bnttom surlill'c of sole 61J

is shaped to formed duck lh·t, lily pads,

and

grass. Ill

The nwtcrinl of the molded shoe is preferably a molded

plasli<:, hut

can

be

mndeofntbber, vinyl, thennoplastic mate

rial, thcm1osctting pluslic material, or any other makriallhal

can be molded. The i t w l ~ n t i o n can use any molded plasti<.:. ln

an embodiment, the shoes of the present invention are an 15

iqjt.'Clion

molded Ethylene Vinyl A..:elate (EVA). EVA, is

a

copolylllL'I'of ethylene und vinylucelale. liVA

is a polymer

that is soft and tlexible, and processed like a thenm,plastk.

riVA is commL't'Cially

uvailuhlc ti·om a number nf retailers

including Dupont. Injection molding h; a manulltcturing tl'ch-

:lo

nique

that

uses materials such as thennoplastic and thermo

setting plastic materials. Molten plastic is injected at high

prcssur . into a mold, which is the inverse oftlw shoe's shape

(l•.g., au inverse of the three dimensional contours of the

animal figure

and

the inverse of the corresponding animal 2'i

imprint

on the

bottom imprinting surlitce).

Al1er

unembodi

ment of the present invention is dcsignL-d, molds un: made

e.g., n·om nwtnl, usmlly either steel or aluminum, and preci

sion-machined to form the features of the shoe.

'l11e

shoe of the present invention, in an aspect, is made

in

Jo

part or in whole lhHn a material that is recyclable. ln a

preferred embodiment, the who!<: shoe including the sirup and

optionally the means lhr securing the strap is mude ti·om a

recyclable material.

The present invention includes method of printing animal J5

prints on n surlhce using the shoes of the present invention.

The method involves the user who is wearing the shoe step

ping on u surlitce. Tlw act of stepping or applying pressure to

tlw bottom imprinting suditce of the shoe m.:ates an imprcs

sion on the surlltce. The

surll1cu

can be a sol\ or spongy ~ ' '

surthce, such

as

soil dirt, mud, and sand. The depth of the

indentations (e.g., the protrusions and recesses)

that form the

nnimul print ontlw boll

om

surliwe of the shoe allows one to

make 1111 impression ot· imprint on the surJlice. The method

further illt'illlks f1rst pladng the shoe 011 the \Vl.'ar<.'t''s feet. 4.'\

Alternatively, the imprints can h1.· made on n harder or

llul

surlhcc when sur

lite<' is

~ . ~ o a t e d

with a print mnking solutions

(e.g., wnshnble

Jmint). In yet anotlwr <•mbodimenl, $\lhttions

which reacts only to the sudltcc on which the user is stepping

to show color. Another embodiment is wetting the bottom ~ o

surli1ce of the shoe and making prints

on

n dry surli1ec such

that the

pl'int

can be seen when

wet.

Exempliflcntion

Tlw shoes shown in the llgmcs were made using EVA

injection molding ll'Chniques. A mold of L'ach of the animnl :;:;

shoes were prL'<:ision mad1ined to Jorm the inverse of the

liguro. Molten

EVA

was injected

at

high pressure into a mold

to form the shoe. Snaps were ndded to the straps lbr securing

the strnpto the shoe.

A w n · ~ . · s p o n d i n g l'CT application is being Jikd conctu·- 6rJ

rently herewith und is entitlud "SHOES"by Joel Rusnak.

filed

on even date hurcwith, Application

No.

I'CT/US OR/71921,

The h:achings of which are itK'orporated herein

by

relcrc·nce

in their entirety.

The relevant teac.hings of all the rclcrenccs, patents and/or 65

patent applications cited hNein am inwrporated herein by

rt'fercnee

in

their

L'ntircty.

6

While t h i ~ invention has been particuk1rly shown and

d c s ~ : r i l K • d with rdcrcnccs to prel1.'tTcd embodiments thereof,

it will be understood by thosl' skilkd in the nrt thut various

dwngcs

in form

and dctnils may lw 11\Ulk-

therein without

departing

from

the scope nl'the invention encompassed by the

appended daims.

What is claimed is:

I, A shoe that eomprises:

n. a sole

that

includes a bottom surli1ce:

and

b. an upper having sides extending lhm1 the sole and a

toe

port inn, wherein the sides and the tne portion comprise

an ntttcr surface that comprises a s1.wies

of pmjcctinns

and recusses that l(um a three-dimensional animal or

dtaructer figure with one or more

lea

lures;

wherein the sole,

and

the upper which includes the sides,

toe portion and the three-dimensional aninwl or charac

ter figure having the one or lllore features are u single

pkce substnntially Jhnncd n·om n molded lllnterial.

2. The shoe of claim 1, wherein the sole

lws a

bottom

s u r l i ~ < . · e

that

comprises a series of projections and recesses tlmt

lbrm n print to thereby 1\mn an imprinting surli1ce, whcruin

the figure on the uuter surface of the upper relates to the print

of the imprinting surlitce.

J, A mokkd shoe

ti.•aturing an aninwl, tlll' shoL' <.'OIIlprises:

a. a sole having <t bo!lnm surli1ce

that

comprises n series of

pwjections and recesses tlmt l(mn an <lllinwl printlbr

an

animal,

to

thereby obtain

tlll

animal imprinting

surll1ce;

and

h. an upper sides extend

from

the snk and a toe portion,

wherein the sides and the toe put1ion comprise an outer

surlltce

that

comprises a series of p m j e ~ : t i u n s and

recesses

thul

limn a three-dimensional animal lignre

with onl! or more lcaturcs. whL•rein thc upper, having the

sides,

tho

toe portion and the tht·ce-dimensionnl aninwl

figure

havh1g

the one or more lea lures is molded into a

single piece;

whcr<.·in tlw

sole

and

upper Hl'l' substantially funned

Ji·om

molded plastk; and the animal figure on the

O l l l l ~ r

sur

lilce oft he upper relates to tlw animal print oftlw uninwl

imprinting surlhce.

4. The molded shoe of claim :I. wherein the materialor the

molded shoe is molded plastic that is made lrom re<.oyded

plastic.

5.

The lllLllded shneofclaim wherein the animulleatured

is selucted from the group consisting ol': a ladybug, an alliga

tor, a frog, a duck, a dinnsam, u bug. a turtle, a JXInlher and

tl

fish.

6.

sho0nl'claim

5,

whurcin thcanimnl imprint

ing surlht.'e includes projections and recesses tlmt lbnn ltlOl·

prints of the

feat11fed

animal.

7. The mnldcd shoeofclaim6, wherein the animal imptint

surlhce lws pro.i<.'ctinns, recesses, or both have a

dr.•jllh

that r a n g ~ . : s

bctween about 2

n1111

to ahnut 5 111111

to thereby

obtain !Ill animal imprinting smlitce.

8. Tlw mokkxl shoeol 'claim3, further including a strap lbr

wrapping around back of the ankle. wherein strap lms

n first and second end 11ltachcd to the npper.

9.

The molded shoe nf'cloim

3,

wherein the upper includes

a scri<.•s

of

projl'ctions

and rl.!wsses

that

form

an

unimul

figure

that has eyes nnd n mouth.

I(), Thl' molded shoe of claim 9, wherein the upper further

includes tl series of project iom and re<:uss.:s that form an

animallig.urc that lws one nr more of the tbllowing l'eatmes:

animal skin pattern, fenthers, scales, nose, teeth,

g.rass,

legs,

eyus, toes,

feet. e(lrs, li.1r,

mouth, claws or any eomhination

thereof.


us 8,371,043

82

7

II .

;\

method of making

an

animal imprint on a surlhce

with 11 nmldetl shoe; the method inclmks;

a. stepping on the surlitce with a molded shul' Jeaturing un

nnimul. the shoe comprises:

i. a sole having <t bottom surlitce that

c o m p r i ~ e s a Sl'ries of'

projections and recesses

that

Hmn un animal

print l\1r on

animal,

to

thereby obtain an animal imprinting surlitce; and

ii. an

upper having sides extending from the sole and a toe

po11ion, wherein the sides

and

the toe portion cnmprisc

an

outer surlhce that comprises u series ol' prnjcl•tions and

111

n!ccsses

that

fonn a three-dimensional

nnimul

tlgure with one

or more lcatures:

wherein the sole, and the upper which includes the sides, toe

portion and the three-dimensionalunimal l1gure having the

1

~

one or more reatures nrc a s i n g h ~ piece substantially

formed

ti·om molded plnstic;

and

the animal llgtlt'l' on the outer sur-

thee or the

upper relates to the animul print or the

animal

imprinting surlhce.

12. Tho

method

of claimll,

wherein

tho

surlhce is a son

surlhc·e

that

includ"s dirt. mud, saud or cluy.

13. A shoe

that

comprises:

a. a sole; und

8

h. t i l l upper

hnving

sides l'Xtending llnm the sole nml a toe

porlion, wherein

the

sides and the

tol•

portion comprise

an outer

slll'!llce that

comprises

u

series of projections

and recesses tlwt limn a three-dimensional figure with

one or more lcatmcs;

wherein the snlc, the upper including the three-dimen

sionul animal figlll'c' having tlw

une

or more features nrc

<1 pkoL• formed lhHn malL'·

rial.

14. The shne of claim 13, wherein the solo has a bottom

surfm;c

that comprises a series ofpmjoctions and recesses that

Jl:mn a print for the f1gure, to thereby nbtain a ligure imprint

ing surlilce, wherein the liguro on the outer surH1ce of the

uppvrrelates to the print

ofthe l 1 g u r ~ ·

imprinting

surliteL'.

IS.

The shoe of claim 13. wherein the three dimensional

figure comprises a

c h m · a ~ . • t e r ,

likeness ol' u person, tH' an ani

mul.


EXHIBIT2

(W2911586.2}



,,

'

1 0

8


EXHIBIT3

{W2911586.2}


(12)

United States Patent

Rusnal{

(54) SIIOES

(75)

Inventor: , J o ~ l Rusnul,:, Newburyport, MA (US)

(73)

Assignee:

Polliwnll>s, Inc . Sudbury. l'v!A (US}

( *)

Notkc: Subjed

to any

d i ~ c h t i m c r , the term orthis

putcnt is extended or adjusted undet· 35

U.S.C. 154(b) by 566 days.

(21)

1\ppl.

No.: 12/505,893

(22) Filed: .Jul. 20, 2009

(65) l'rlot· Publlcutlon Dutu

US 2010/0126045 A I May

27,2010

Related

U.S.

Application Dutu

(63) Continuation-in-part of application No. 12/184.417,

filed on

Aug.

1,

2008.

(60) Prnvisinnal uppli<:a!inn No. 61/075,778,

filed

on Jun.

26, 2008, provisional app1kution No. 60/953,246,

11led

on Aug. I, 2007.

(51) lnt.Cl.

A43/J 23/{)IJ (2006.01}

(52) U.S. CI. .................................. 36/11.5: 36/136; 3M4

(58) F l ~ l d ofClassilicution Search .................... 36/112,

(56)

36/136,4, 11.5; 12/142 S. 142 RS; D2/897-R99,

D2/94R, 952

See

application

file l\1r complete search history.

U.S. PATENT DOCUMENTS

438,179 i\ I0/11:90

<)uarric

3,158,55X i\ 11/1964 Bingham

:>.402,485

,\

9/l%8

Mc:vtorrow

3,538,628 A ll/1970

Einstein

3,906,642

A

9/1975 Cohen

4,050,167

A 9!1'>77

S.:ntcr

4,051J.I6X

;\

9/1977

P a ~ ; c

4,279,()41) i\

7 / 1 9 ~ t

Coiquaud

D2o0,447 s

<)/J<JNJ

Circcnbillll cl al.

4A

lllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllll

CN

CN

US008371 044B2

(IO)

Patent No.: US 8,371,044 B2

(45) Date of Patent: Feb. 12, 2013

D2oi,IIJ5 S

D2X2,309 S

D2X2,310

S

10/I<JXI Weiss

J/I9X6

Valori

1/1986

Valori

(Continued)

FOREIGN PATENT DOCUMENTS

26

IX470 Y o/2004

272<145:\ y '1/2005

(Continued)

OTIII\R PUI3LICATIONS

Online wchpagc,

Crocs F<>otwcar, Crocs, Inc.

(Niwol, Colorado);

Downlomkd Aug. I, 2007,

h t t p : f / s h o p . c r o c s . c < l l l l i ~ . 4 · F o o t w c a r .

nspx'!rcqid· 4& rcqPn>dlypcld· 4& suhscct innnnmc• t'oolw<>ar.

l'rinuuy Hxamiu,•r Marie l'alterson

(74) Allonwy. Agent. m· Firm ;\ntoinelte

Ci.

Cliugliann;

AGG lntclkctual Property

Law

(57) ABSTRACT

The present invl'tllinn relates

to

a molded shoe

J\.•aturing

a ~

dim<.,nsional

11gurc (e.g., an unimnl or charw:t<.•r). Tlw shoe

has

a sole having a bottom surlhce

that

enmpriscs a series of

projections

nncl

recesses

that lill'ln

a print

li1r

an animal or

character,

lo

thereby obtain

an

imprinting

surlite<:; and an

upper, attached lo the sole. having nn outer surlhce that ''om·

p r i s e ~ a series of projections and recesses that form a three

dimensional figure (e.g., un animnl figure or n chamcter

fig-

ure). The sole and upper arc substantially li.mned from

molded plastic; the projections

and

l't'ccsses of the unimal

imprinting surfm;c allow otll' wearing the shoe

to

make

imprints on usnll surlhcc, and the three dimensional llgut'e

on

the o u ! L ~ r surlltce

of' the

upper relates

to

the print

ol'

the

imprinting surJltce. The methods of

the

present invention

li.trthcr include making imptints with the bottom surl1tce of

the shoe.

In till aspect, the shoe of the present invention includes a sole

that

includes a bottom sur thee (IJld an outsolc extending there·

fi·um: and

a tue cap, wherein the toe eap ami the outsole

comprise au oult't' surlhce

that L'Olllprises u series of projec

tions and recesses

that limn

n three-dimensional figure. The

toe cap, the sole, the outsnle, and the threc-dirnensionul ani

mul

or elmmcter figure

ure u single piece lbnned

by a molded

material. This embodiment nl'the invention further includes n

modified upper, adapted to atlach

to

the toe l'ap

ond

the

outsulc.

II Cluirus, t:l Dl'awlng Slu:cts


U.S. PATENT DOCU!VIENTS

D290,062 S

5,331,753 ,\

5,465,507 i\

D.\6Ci,752 s

D3n,oo9 s

[)38],795 s

0393,937

s

1)394,137 s

5,765,300 A

J)J\)7,541 s

5,S 14,254 A

5,S37,174 A

5,S6N,9SI A

5,974,694 A

5,980,351 A

D413,663 S

])422,77!\ s

1)423,197 s

6,oxo,o:n A

6,1X9,240 Bl

IJ479,386 s

1)487,614 s

D489.516 S

D490,21X S

D498.03S S

0498,907

s

])498,<)08 s

6,957.504 B2

6/1987 Valori

711994 Rodibaugh

Il l 1995 Schumnchcr clnl.

2119%

S h ~ n n a n

211997

Sullivan

cl

al.

S/1 997 Coals

511998 Henson

SII99S Nadd

Cil i'J<JX Kiankn

9/ I99X l l c n ~ o n

9/I99S Bisconl i

11/1998

Bis.:onti

211999 Bisconti

I I i 999

Vccchiola

11/1999 McCook

112000 Scnif

412000

Yang

412000 Y:mg

612000 Fladwood ct al.

21200 I Cowgill cl

al.

9/2003 Gebhardt

312004

Lc

5/200•1 Gebhardt

51200,1 Oebh:llllt

I 112004 Gcbhnnlt

I J/2004 Gebhardt <:t al.

1112004 Gcblmnll

d

al.

I0/2005 Morris

US 8,371,044 B2

Page 2

6,l)93,S58 B2

2!2()()(i

St..•amans

D517,7RH

S

312006

Seamans

D517,7X9 S

3!2006

Seamans

D517.7<10 S

,l/2006

Seamans

D521,217 S

5!2006 Moehring d al.

D525,017 S

71200Ci Ochoa

0525,419

s

712006 Seamans

])52<1,263 s 1012006

Wolf

D 5 3 2 , 1 ~ S S

11/2()()6

McCiaskic

7,146,751

B2

1212006 St:amans

D535,0SS S

112007 Scantatts

D543,6XI

s

G/2007

McCarthy

DS'l'l, IX2

s

612007

M c C i a s k i ~

D547,540 S

7i2007 1\·ladcmpach

D549,434 S

Sl2007

Seamans

D567,4S2 S

4 / 2 0 0 ~

lloyt

!)604,031

s

11/2009 Alllkrscn d

nl.

20021008]623

,\ I 712002 Jnscph

200210 16625S A I

1112002 Po

sa

200410211190 ,.\I 1112004

Sen

mans

200MHJ<HH07 A I

:l/2006 Seamans

200710130797 AI

612007

Seamans

FOREIGN !'ArENT DOCUMENTS

CN

I'R

\VO

wo

276l001i y

2343395

\VO

021052972

\\'0

20041064556 A2

312006

l);j<J77

712002

))12004


U.S.

Patent Feb. 12, 2013 Sheel 1 of 13

US 8,371,044 B2

~ I


U.S. Patent

Feb. 12, 2013 Sheet 2 of 13

US 8,371,044 B2

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U.S. Patent Feb. 12, 2013 Sheel3 of 13

US

8,371,044 H2


U.S. Patent

Feb. 12,2013 Sheet 4

of

13

US 8,371,044 B2

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U.S. Patent

Feb. 12, 2013 Sheet 5 of 13

US 8,371,044 B2


U.S.

Patent

Feb. 12, 2013 Sheel 6 of 13

US 8,371,044 B2


U.S.

Patent Feb. 12,2013

Sheel7 of 13

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U.S.

Feb. 12, 2013 Sheei 8 of 13

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52

A

FIG.

5E



US 8,371,044 B2


Patent

Feb.12, 2013 SheellO of 13 US 8,371,044 B2


U.S. Patent Feb. 12,2013

/ /

/-·········

Sheet 11 of 13 US 8,371,044 B2

~ I


U.S.

Patent

Feb. 12, 2013 Sheell2 of 13

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U.S.

Patent

Feb. 12,2013 Sheel

13

of 13

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8,371,044 B2


us 8,371,044 82

1

SHOES

lWLATll!J APPLICATION

This upplicali<)n is

n Continuation-In-Part ol' U.S. patent

application Sor.

No. 12/184,417;

11ledi\ug. I,

2008,

entitled

"SI 101\S"; which claims the hcnefh \ lf

U.S, l'rovi$ional

Application No. 6

I 075,778, entitled "SHOES" by

Joel Rus

nak, filed

on

Jtm.

26, 2008; nnd U.S. Provisional Application

No.

60/95:\,246, entitled "ANIMAL PRINT MAKING

SHOES" by

Joel Rusnak. flied on Aug. I, 2007.

The entire .• ll'achings ol'thc nhow Hpplicutinns <trl' incurpo

mtl'<l herein hy r e f c r e n l ~ c .

BACKGROUND OP TflE INVENTION

Shoes for children many times can lack a

Jim

theme ami/or

three dimensional design. Children enjoy exploring and

lcaming nbout lll'W things. In particulur, many chi ldn:n have

a love ol' animals

<md

dtamctcrs, and like to

lenrn

about them.

A need exists I'm· shoes that have three dimensional, fun

themes. ln particular, a need exists for shoes that have

<1

three

dimensional animal or charm·ter figure integrated into

them.

A further need exists to make u three dimension animal/

character shuu thut also makes imprints.

SUMMARY OF TilE INVENTION

The present invention relates to a molded shoe lcaturing n

threl•-dimensional llgurc. The shoe has a sole having 11 bottom

surlhce that comprises a smics of projections and recesses

(e.g., contours) that li.mn a print (e.g., an animal print, which

include animali(Jotprints or animul tracks), to thereby obtain

an imprinting surntcc. The shoe further· includes nn \tpper,

attached lu the sole, having an outer surlitce that comprises a

series of projections and recesses tlwt

form

a three dimen

sional tlgurc (e.g., an nnimal 11gure. character figure, or n

figure

thut rd1ects n person's likeness). The recesses und

projcc:tions

of the llguw or the upper is intcgrakd with

the

sole, and the depth oJ'thc

proje<:tinns,

recesses, nr both of the

upper runge hctwccn e.g., about 2 mm to uhnut 20 nun

(prl•l'

erably between about 3 nun nnd about 10 mm). In an embodi

ment, the 3 dimensional figure of the upper and the sole- :trt•

one piece limned by nmolded material. The sole and upper, in

an nspeet, arc suhstuntially or lltlly limned lhm1 molded

plastic. Also, the projections and recesses of the imprinting

surllt<.•e

(e.g., animal imprinting surl\ice) ullow one \Waring

the shoe to make impl'ints on a ~ o n surluce or hard surlitce

when sole is wet. Prdcrably, and the figure on the outer

surlhce

of the upper relates to, con-esponds to, or otherwise

correlates with the print of the imprinting surlace. The

molded plastic, in anl•mbodimcnl. made nf recyclable

mate

rial and

is rccyelablc. In an aspect, the three-dimensional

llgurc is

an

animnl ligure or a chamctcr ligure. The animal

figure of' the uppet· includes e.g.,

<I

ladybttg, an alligator, n

liug, a duck, a dinosaur, bugs (e.g., n fircl1y and n bee), a turtle,

a panther and fish.

In one aspect, the animal imprinting surlilce <.1111 be of

l'lx>tprints of the nnimal flgurc

that

forms the upper.

Thl•

impl'inting surliu:<'

has projeetions, l\.-eesses, or both

that

huvc

o depth thnt ranges between about 2 nun to nbout I0

mm

(e.g.,

bl>twcen

nhout 2 111111 nnd 5 mm) In thereby ohtuin an imprint

ing surlhcc. The shoes can further include u strap Jbr wrap

ping mound the b n ~ : k of the unkle, wherein the

strnp

has a first

and second

end

altachcd to the upper. The upper includes a

series uf

prnjL-etions

and recesses that lbrm

a three dimen

sional Jlgurc that has an eye, a mouth, animal skin pattern,

2

leathers, scales. nose, teeth, grass, toes, teet, cars, 1\tr, mouth,

c.;

lows or \Ill)'

combim1tion

thcrc:ol'.

An uspecl ol'the invention indud.:s the three dimensional

llgure (e.g., animal llgmc) intcgratl'<l

into

the upper using the

series of projections and recesses, as described hl)rdn, indc

JWndenl of the prints on

the bottom s\lrlhce

nf the shoe.

Similarly, an embodiment of the present invention includes

the series of' pmjcetions and r·cc.·esscs that make the imprint

(c.•.g.., animal imprint)

on

the bottom surlitcu lifthe sole, indc-

tu

pcndl)nt of

tlw three dimensional ligurc of

the upper. In yet

anutlwr embodiment, the prcsl·nt invention relates to a shoe

that has both.

The present invention lln'lhcr inuludcs methods of making

an imprint on a surface with n moldt'd shot', as described

15 herein. The methods include stepping on the surlhce with n

molded ,;hoe

OJ' the present invention, liS

des<:rihc.><J herein.

The surli1ce is

a son surliu:c that

i!ll:ludcs dirt, mud.

sand or

clay. In an cmlmdinwnt,

till.' method

further

i n c . ~ l u < k • s <:O<lting

the bottom smlhce with H printmaking solution, and stepping

211

on to <! surt1tce like papur tn nwke imprints. In yet another

embodiment, the method includc.·s wetting the bottom surlhce

of

he shoeami stepping on a dry surlacc to

make the imprints.

In another cmhodimo:nt. the J ) l ' < ~ s l . . ' n t invention includes a

shoe having u sole, as deseribed herein, <1 toe l'ap, nml an

25 outsole, wh0rein the toe l'liP and/or outsole, rather than till·

upper, has nn outer surli:tcc !hut comprises a series of' projec

tions <md l ' < ' c e ~ s c s tlwl form tl

threl·-dinwnsional figure.

Instead ofthe u p p ~ r

and

the sole being a singk• molded piece,

as described herein, in this embodiment, the Inc cap, the sole,

.10 the nutsolc, and threc-dimcnsill!WI llgure arc a single piece

formed

by a molded material. With this embodinK·nt, the shoe

fl!rther includes Hmodilled upper. adapted to

utluc.:h

to

the toe

cup and outsolc. Examples of' uppers modified

to

adapt

to lit

the toe cap include a sneaker upper, a "Mury June" upper, a

.15 boot upper, n slipper

upper, and

u saudnl upper. The upper

iucludes straps, hook and loop

lhstcncrs, laces, zippers, but

tons, litstencrs, and

th0 like. The projections. recesses or both

of till' toe cap and/or outsolc have a dl'pth thut ranges e.g.,

betwc:un about 2 nun to about 20 nun (e.g., prl'lcrably

4U

between

ubout

2 and 10 mm).

Till' animal imprinting surlit<:l'

has projections, recesses, or both that have a depth that ranges

e.g . between about 2 mm to about 5 mm to thereby obtain an

animal imprinting surl(H.:e. As describl'd herein the sole has a

bottom surlhcc thnt comprises n series of projections and

4S

l ' l ' e c ~ ~ l ' S

tlwt Rmn a

print to lill'l'l'by form an imprinting sur

thee,

wherein the llgurc

on

the outer s u r l ~ ~ ~ . : e of the toe c:ap

relates to the print

ol' the imprinting s u r l h < . ~ e . The mokkd

mutcrial or a thermoplustic nmtcrial uun

be used.

Exnmplcs

include Ethylene Vinyl Acetate (EVA), rubber, ThennoPias-

sn

tic Rubber (TPR), Polyurethane (PU), (PolyVinyl Chloride)

PVC, or n combination of any ot' these materials combined

with these or other materiuls. In certain aspects, the molded

plnslk is recyclable or made lhlln rccyck-d nwtcrinl.

In an aspect, the pwsent invention indudes ~ ~ s o l e having u

55 bottom surllwe that comprises a Sl'l'ics ol' p n ~ j e c t i o n s and

rc:cesscs that form tul animal print lbr an animal, to thereby

obtain an animal imprinting surlhcc: and a toe cap and out

sole. wherein the toe cnp and outsnle include nn outer surlltc:e

tlmt comprises a series ofpmjcctions ami recesses that lbnn a

60 three-dimensional animal llgun.'. wherein tiK· tnL' cap, the

sole, outsolc, tbennimnl imprinting surl(tce,nnd thrce-dimcn

sionul animal orchamcter figure arc u single piece l'lm11ed by

a molded material: and a modified upper, mluptl'd to attadwd

to

the toe cap. The proj,•ctions and recesses of

the animal

65 imprinting, surface allow one wearing the shoe to make:

imprints, and the animal l1gme

on the outer surl(tce of the

upper relates to the animal print of the animal imprinting


us 8,3

71

,044

82

3

4

FIG. 51 I is a schematic drawing

of

a side view of a three

dimensional

inch worm Jlg.ure

made

Ji·om

the sole and toe cap

shown in FlU. SA,

but

with 11 modilkd "ivlary .lane" upper.

FIG. 6

is 11 schematic drawing nf a side view ol' a t l m ~ e -

dimensional li:tard figure mudc lhm1 a sole und tou cnp into u

single piuce ((1r111ud by a

molded material. The l1gure shoes <1

modi lied Z-stmp upper.

surtlice.As used herein. the animal can retic•r to a three dimen

sional

~ u l animal (e.g., an inch wonn ora lizard) oral ktio nal

animal (e.g., a treL'JlL'ror tree creeper). l t u m t ~ s p e c t , the toecap

and/or outsole includes a series of projections and recesses

that limn un animaltigure that has eyes, mouth, animal skin

pattern, leathers, scales, nose, teeth, grass, legs, toes, teet,

cars,

fur,

mouth, claws or any combination thcrl·of.

FIG. 7 is a schematic drawing of a side view of n !hree

dimensionnl lictional tree creature ligurc

mnde from

a sole

1<1 ant! toe cnp into n single

pkcc

J(mned by a molded nwterial.

The present invention r e l ~ t e s to methods of making the

shoe described herein. The methods include injecting molten

plastic into a mold huving:m inverse imugeof he sole, the toe

cap and the outsole having the scrks of' projections

und

recesses that Jorm the three-dimensional tigure, to thereby

obtain

a

molded shoe; nnd after the sole/toe cnp/outsole has

cooled. attaching a modined upper to the toe cap. The molten

15

plastic comprises EVA, t•ubber, TPR, PU, PVC, ot· a

~ ' o m b i -

nalionofany or these mutcriuls t·ombined with thesl' or other

materials.

The tigur'' shOl'S

u modi !led sneaker upper with laces and ll

honk and loop lltstcner.

DEm\JLED DESCRIPTION

OF

THE INVENTION

!\ dvscriplion

of

prcterred embodiments of the inwntion

J(IJlOIVS.

The present invention relates ton

moltkxl

shoe

that lcatlll'l'S

n three dimensional ligUI\), In un embodiment, the three

he present invention has sevcml mlvantagcs. Children can

now enjoy shoes with three dimensional animals or ligures

integrated within the shoe.

At

the same time, children can

learn and/or mnke loot printsof the nnimnl or chnmcter while

wearing the shoe.

l3RlllF DESCRIPTION OF TilE DRA\VINliS

The foregoing und other objects, 1\:utures and udvantuges

of the inwntion will be

apparent ii·om the lbllowiug more

particulnrdescription ofprelcrrcd embodimentsof t

he

inven

tion, us illustrated in the accompanying drmvings in which

like rclerence churactl111> refer to the same pm·ts throughout

the dillcrent views. The drawings nrc not necessarily to scale,

emphasis ins lend being pla..:ed upon illustrating the principles

of' the invenlion.

FIG. J A-lC are schematic drawings of a side v i ~ w . bottom

view

and a

hack

view,

respectively,

ofa

molded shoe featuring

a ladybug.

FIG. 21\-2( ·!Ire schcmatk drawings nf'uside view. bottom

view nnd uhack viuw, respcdivdy, ofamoldcd shoe featuring

an alligator.

FlO. 3!\-.lC nrc schenullic drawings nl'u sideviuw, bottom

view

and a buck

view,

fl'spectively, ora molded shoe H:uturing

a l1\1g.

"" dimensional ligure

can he an

nnimal, a character, or

of

o

person's

likeness.

The

molcll){l

shoe of the

p r e s ~ n t

invention

includes <l surics of projections and recesses that tbrm a pat

tern (e.g . an animal pattern or a dwmetcr pattcm) on the

bottom wrfhcc of the so k and/or has a three dimensional

2:i 11gure

integrated into the upper (e.g., tops ol'the shtll', sides

or

the shoe, the back of the shoe), or toe cap of llw shoe.

As

rclem:d to herein, n snlc is a portion of the shn<..' tlwt

lbrms the bnttom part of the shoe: the part on whi<.:h the !(Jot

rests. The sole has n bottom surH1cc that comes into contnct

.10 with the ground or

llmll',

or other

surt1u;c

on which a person is

walking. Another portionol' the shoe

is

the upper. The upper,

also known as a vamp, is the portionol'thc shoe that holds the

shoe nntn the t<mt. In an embodiment, the upper is the portion

ot'the shoe thatelWeJ1> the toes, the instep, the back nfthc f(mt,

35

and/or

the

sides of the

Ji..1ot.

In an

embodiment,

th\.'

shoe of the present invention

indudcs a toe cap. The toe cap is n portion of the shoe that

com<..'s from the solo and cnvcrs the toes.

Tlw

outsole

is

the

portionof he shoe that cxtmds

frnm

thewle to the outer, side

40

und h\.'id surlhccs oJ' ohnc. ;\s used herein, Ihe toe

c;tp

covers

the toes, and thenutsolc continues

the

design tl·om one side

ol'

the toes (e.g., the big toe side)

and

wmp around the heal and

back to the other side oJ'tlw toes (e.g., the pinky toe side). In

FIG. 4A-4C

n r ~

schematic drawings of a side view, bottom

45

a duck.

the case

in

which the shoe includes a toe cup. the shoe can

further inl'lude n modified upper to extend tl·om the to<: cap to

cover the instep, sideo of the foot. ankle and/or lower leg (c•.g.,

FIG. SA is 11

schcnwtic drmving of a skk view of a thrce

dimcnsionnl inch worm figure mude

Ji·om

u sole and toe

~ · u p

into a single piece limned a molded material. The ligurc

shoes n modified Z-strap upper.

FIG. 58 is

a schematic drawing nfn top view of the t l m ~ e -

dimensional inch wonn shoe of FIG. SA.

is c h ~ : m u t i c

of

the imprinting Slii'IUcl' or the thrce-dinwnsinnal indl worm

shoe ofFICi.

SA.

FtG. 5D is a schematic drawing of a front view ol' the

three-dimensional

inch

worm shoe of FIG.

SA.

FIG. SE is a schematic dmwing, of a back view of the

three-dimensional inch worm shoe of FIG. 5;\,

FlU. SF is a schematk drawing of a side view ol' a three

dimensional inch wnrmtigure madefrom the sole

nnd

toe cap

shown in FIG.

SA,

but

with a modified sneuker upper having

n hook and lonpllistcner.

FIG. 50 is a schematic drawing of a side view of 1 three

dimensional inch wormllgme made from the sole and toe cap

shown

in

FIG. SA, but with a mmlilled sneaker upper having

laces.

in thccnseofn boot). The upper is modified

so

that it no

longer

covers the t1ws, but exttmds ii·om tht' tne cup :md the nutsole

to othcrwist.:! hold the shoe on the lbot. The sllne of !his

so embodiment includl's modifled uppers suc:h

as

clogs, boots,

sandals, slippers, sneakers, "Mary Jnne" shoes, and

the

like.

In an embodiment,

the

mnltkd shoe nl' the prcsunt inven

sur h e ~ can be shapc:d such that all OJ' a portion of the surlhcc

~ 5

comes into

cnntm:t

with

the

ground. In

the

case

of

a llat shol',

all or substantially all of he surface comes

in

contact with the

walking surtace, whereas in the

c:1se

ofn heel. portions (e.g.,

the ball ofthc Hlot and the heal) ofthe shoe comes into contact

with the walking

surli1ce.

The bollnm surthcc of the

mnldLxl

til! shoe of the present inwntion has u series of projcL•Iions ami

recesses that lhnn vurious imprinting surlitces !eaturing a

print

that

cnrrdntl's to the three-dimensional ligurc, such liS

an

animal prlnt or character print. The projc,·tions and

recesses are shaped nnd contoured to lilnnthe print.

T h ~

print

1>5 (e.g., animal print) cnn include variety ol'itcms related to the

threl' dimensional llgmcof the upper, e.g

.

lilnt pl'ints, tracks,

leaves, animal

~ h a p c s ,

lily

pmls, g r a ~ s . und

uny combination


us 8,371,044 82

5

thereof. Other animal related items cnn li.mn

the

imprinting

surfltct• of

the shoe

of the

present inwntion, ln

a preH.·rred

embmliment, the animal print

on

the bottom surHtct.' includes

u Hmtprint of he Jcatured animal (e.g., the animal that forms

the three dimensional portion ol'thc upper).

The proj<..'Ctions and recesses (e.g., indentations)

on

the sole

are deep enough

to

make

nn

imprint on a surlin:c. In

an

embmliment, the p n ~ i c c t i o n s , recesses Ol' both

of

the imprint·

ing surfltcc have 11 depth that rungcs hl'tween about 2 mm

to

about I0

111111

(e.g .

111'el'crably

b01WL'en about 2

and

5

111111), In

WI

embodiment, the surlltt·e on which the imprint is made is

a

soft surliwc, such us dirt, sand, or mud. In another embodi

ment, the surl!tce t>an be a hmd 01' non-spongy surface, and the

bottom surlhce of the shoes of' the present invention can be

coated with an imprinting solution (e.g., washable paint).

In

yet another embodiment, the bottom surlhcc

cun

bl' coated

with

a

solution that only appears

on

paper

thut

reacts to the

solution. Still in another ombodimmt, tho bottom s u r l l t ~ o ~ e can

he wottod und prints cun bo made on n dry surlhce.

6

dmgontlies, hippopotamus, bugs (e.g . a llrclly and a bee), a

turtle, a panther,

fish,

an inch worm. alb:ard, ncreeper, ctt·. or

any other anima, real or fictional. Examples of types

of

dino

saurs in<:lmk· triceratops, archaeopteryx. cumpsognalhus,

5 tyrannosaurus, apatosaurus, ichthy\lSalll'!i, mosasaurs, plesio

saurs, ptcrosuut;;, dimcuudnn, ankylnsmu·us, dimetrodnn.

ammosaw·us and iguanodon. In an

embndimunt.

the l1guru

cnn be

of

a charactet· (e.g., fictional or non-fictional charnc

tcr). Examples nf fictional ciHtni(>turs inclutk• those seen in

10

cnrtonns, plays, on TV shows, and

the like.

Characters further

include using tlw likeness

of'

a {lL'rson induding Hunous

pur

sons.

Tlw

three-dimensional

Jigurc

of he upper includes three

dimensional charncters having genernl ovcmll fcaturt·s.

15

shape, likeness ufthe person or character (e.g., hats, lwirstyle,

ncc<.•sstwies, instruments, clothing, and

the like• ). The shoes

can

be of any

color or color combination.

An asp1.-ct

of' the

invention includes a shnc with an upper having a three dimcn-

siomtl figure

or animal intugrated therein.

The

pt'<.oS<'llt

invention, in an a ~ p e c t , further includes an 1il

upper, a

toe

capand/oroutsole lhatlms an outer surlhce (e.g,

Rcl'ctTing to F!CiS.

1A-C shows lady

hug

shoe I 0 of'

tlw

present invention. FIG. 1A shows a side view of the molded

shoe and

has

strap 2 and lady

bug

upper

4A

which is formed

hy a ladybug's body

whic:h

includes a month, eyes, and wings

having a wing pnttem. The shoe designl\trtlwr includes lady-

an outer layer) with a series

of

projections and rocesses that

form 1111

animal llgure, a character llgmc or

o t h 1 . ~ r

thrcc-di

mensionul figure.ln an cmhodillll'lll, thl' p r r ~ j < . . - c t i o n s , recesses

t l l ' both ol' the throe dimensional llgurt·

huvc

a depth

that

range's

between about 2 nun to about

20

nun (e.g., prcfernhly

lwiWL'Cll about 2and I 0 mm). In tlwemhodinwnt

in

which

th1.·

upper

has

the three-dimensional llgure,

the

figure can

be

integrated into

all

or any portion of the shoe upper which

includes the portions which cover the instep. the toes, the

back

of

he foot,

and

the sides orthe foot. In the case ofthe toe

cap, the threc-dimensionnlligurc is formed

in

at least a

por

tion

of the Inc cap and/or outsolo. In omhndiment, the three

dimensional figure is J'i:mJtcd substantially all throughout the

top cap and includes the outsolc e.g., the three dimensional

fig11re

is formed around the toes, extending

to the

sides and

wraps mound the heal. In the case in which the sole and upp<;Jr

include the three-dimensional

t1gun.\

the sole and the uppor

are I pict:l' J(Jrm<..xl by 11 mokkxl material. In the ease in which

the

toe cap int,ludes the three-dimensional figure,

th1.• snh.> und

the

toe

cap art• I piec1.•

Hmtwd by

a molded material. In yet

another embodiment, the sole, the outsole and the toe cap are

I piece

Jbrnwd

into a three-dimensional figure by 11 molded

material. In this embodiment, a modified upper is adopted

to

attadJ

to

tho toe cap. In sut:h an aspect, the upput' is adapt<.•d to

cover loss

of

the fool, and rcductxl such that it no longer

covers

the

toes.

In

the cas<.' in

which

the

three-dimensionnl

ligure <.'owrs till.' toes und goes Ji·om the toes along the side;;

and wraps around the heal, the upper is reduced so that it docs

not cover the toes, and does not extend

to

the portion of the

sides and hen I that is already covered by the toe cap and the

outsnle. 'l11e modified upper is attached to tho toe

cap with

<tdhesive, stitching, or uth<.•r nwthods for adhering

nwterinl with syntlll'tic or stilehed leather.

25

bug

f'uot,

leaves

and

grass. The ladybug shape is lc)Jmud lium

11 series nfpmjections and recesses that

a n ~ integrated intn a

three dimensional animal

figure

nl'thc

upper.

The uppur nm

Jlu·ther

include

op<.•nings

e.g., to accentuate the animal pattel'n

snd1 as the wing pattern.

3

"

The shoe shown in the figure is a

dog.

However, the shoe

l 'ml be embodied in other types or shot's such as sundals,

boots, closed shot'S and other typus known in the

art.

The shoe l\trther includes strap

2,

when worn, w r a p ~ round

35

the

back of the nnlde. The strap J\.)J' usc with the presl.!nt

invention has two ends, each end attaching to a portion ofthe

upper. The strap can

be

stationary or pivot. Additionally. the

strap t'an bt' nwde of molded plastic, or

!)·om

another material

(e.g., cloth, leather), or combination thereof. The sirup, in

nn

4U embodiment, can us<.> an attaching and/or mljustublc means

that

indude a but:kle, snaps. vukro, buttons, litstenur;;, or

other methods known in the art or later developed. The strap

t'an

be

attndted directly

or indirc<.,tly. For example, washers

can

he

used to indirectly connect the strap end nnd the shoe to

allow the strap to mnr,• easily

ml!ttt'.

In an emhudimcnt, till' shoe

and

the strap is made Jl·om

molded plastic, or anwtcrinl

that

is recyclable. Tlw shoe oi'the

present invention,

in

one

aspe<.,t,

is mmle ol' n:cyclable

mute

rial and is recyclable. The shoe

can

further include a logo.

so trademarks or a recycle symbol

on

any pa11 of' the shoe inc lud

ing the bottom imprinting surlhce.

The bottom surluce

of

sole 6A shown in FIG. I B shuws an

Till) figure (e.g., animal llgure), in un embodiment, has S5

eyus, mouth, nose, cars, lwir. feathers, scnles, wings, a skin

pattern. gruss, and any combination thereof. The figure is n

three dimensionnl Jigure that is intcgmted with the upper

and/or toe cap, as compared to two dimensional pictures or

dmwings that are printed onto th<.• shm•. The projections und

6fl

recesses nrc contoured and shaped

to li1rm the three dimen

sional

figure.

The shoe ofthe present invention

cun

be

li.mnud

into

nny

animal

figure,

and some exmnplcs ~ h o w n

in

the

figures

include uladybug, n!Ugutor, fi·og and duck. Additional

animal f1gurm; can be ltmned as part ofthe shoe, as described (o5

hurcin, and they indudc dinosaurs. tigers, lions, snakt•s, pen·

guins, dmgons, girull'cs, elephants, pandas, bt•m;;, butterflies,

animal imprinting s u r l l t c ~ o • , This pnrtkuhtr surlilcc shows

series nf ladyhugs

on

Icaws. I encu, when a perwn nr child

\Waring the shoes walks on a soil surlhce, an imprint of

ladybugs on leaves will be

made.

lnuddition to an outline of

the lentured animal, animal lootprints can Jbrm the imprint

surlht•e (see soles

6B,

6C. and 6D of FJCJS. 2B, 313, and 4B.

respectively). Other animal figures,

of tlw

prust•nt

invt111lion,

that

lllflll the

impf'inting

Sttl'f<ll'l.' of the pres\.'111 illl'<.)l}tion

include

nnimul

symbols. tmmes, habitats. (e.g., grnss, leaves,

rocks. wat<.'r), uninwl outlines, and the liku. The animal llg

ures

that

lbrm the imprinting sttrHtce can he ruputitive or

non-repetitive. In a prelened embodiment, the animal

imprinting surlitce on the bottnm surlitce

of

he solu relates to

or matelws the animal

Jlgure

of

the upper.

For

example.

webbed l ' c t ~ t imprinting surlltce with a dttt·k animal !1gure is


us 8,371,044 82

7

used in an embodiment. The animnl print of the imprinting

surtl1c<' relates to the mwtomy, lwbitat or wny ol' lite of the

featured animal of the upper.

R e f ~ , r r i n g to FIGS. 2A-2C. alligator shoe

20 of tlw

present

invention features

an

alligator. In these ligures, ulligator

upper 413

includes contmu-:-; (e.g., projections

and r<e-t,esses)

that shape the alligator's mouth. teeth, beak. eyes, and skin

pattern. The projections nne! rec·esses arc l'mther shaped

to

include swamp-like gruss. The bottom imprinting surll1ce of

sole

613 has

a sericsofcuntours thatlhrm alligator

teet

and lily 10

pads.

Similarly. FIOS. 3A-C shows the plastk moldt:d lh>g shnL'

40 of the present invention in whkh the contours nmn a three

dimensional

tiDg.

Fmg upper 4C includes pmjections

and

recesses that ure shaped In include a mouth, eyes, nostrils, the ts

rmg's skin pattern (e.g., bun1py), and its habitat !lwt i n c l u d e ~

grass. The imprinting surll1c<.> of sole 6C' has pwjcctions and

recesses

that

lbnn webbed

feet,

lily pads and grass.

A three dimensional duck llgure

is thu focus of' duck shoL'

60

shown in FIOS. 4A-C. Duck upper 4D's projections

and

2n

recesses lbnn the ducks beak, nostrils, mouth, eyes, leathers,

and gmss, while the corresponding bottom surlhce of sole

6D

is shaped to formed duck 1\.·ct, lily pads, and grass.

FIG. SA shows u side view ofthre<.'-dimensionul inch worm

shoe

50. In

this embodiment, toe

cnp

52A, mllsolc 54A, 56;\

25

and 5413 and sole 66 nrc I pkce, l\m11Cd by molded material.

The toe cup 52

A

hus the !lll'<.'e-dimensional figure made n·om

a plurality of recesses and projections, as described herein.

The toe cnp covers the toes

and

extends

to

oulsok•

54

A, wmps

urnund the heal

at

outsolc 56A, and extends along the nth()t' :w

side at outsnle

54 B.

The toe cap serves to protect

the

toes. The

nutsok tngclhcr with tlw toe cap l(>nns the thrcc-dimcnsionnl

f i g u r L ~ . In particular, ttw cup 52;\ includes eyes

60A

and 60B,

mouth 58;\ and :mtcnac 62A and 6 2 1 ~ to l!mn the thrce

climemional Htce of the inchworm ligure. The three dim en- J5

sional design continues

to

outsole

54J\,

56A

and

54B

as

the

inch worm's body. recesses p r L ~ j e c t i o n s lbrm tlw

tlu·,,e dimensionul 11gure have a depth that mnges between 2

nun unci nbout 20 nun. FIG. 513, showing the top view of

threc-dimensionul inch worm shne 50. 'J1JC tnp view shows 40

that mtlsole 54:\, 56;\, and 54B fbrms tho thrce-dimensionnl

body of!he inch worm. Sole 66 has a bottom surlitce with a

imprinting surlhce thnt relntcs to the inch worm figuw oJ' the

toe cap. See J7fG. 5C. As described herein, the imprinting

surlill'e is a seri()s of ' < ~ < . : < . ' s s e s

and

projections that form :1 45

paltern that relates to the

ligure.

In this

case, the pattern

includes tlw footprint or an

ilwh

worm. Those recesses unci

projections

huve

u depth thnt ranges t'rom nhout 2 mmto about

I 0 mm.

The Ji·ont ~ n d back views are shown in FIGS. SD and 5E of so

tlU'ee-dimensionnl inch worm shoe 50. From these views,

it

can be more rkurly seen that the toe cap and outsnlc

form

an

three-dimensional figure, rather than u llat image that is

painted on or othurwise adhered

to

the sllt'lhce.

FIGS. 5A-51\ show thtw-dimensionnl inch worm shoe 50 '-'

with a modified upper, namely Z-stmp upper 64A. The upper

is modified Ill fit

the

I

pk>ce

molded

toe

cap/outsole. The

upper is adapted

to lit a smnller surface area or the l\1ot,

reduced by that which is alr()ady covered hy the toe ''apl

outsole. The modilkd uppers can

hi.' substitut<.'d hy st.'V<.H'td

Go

other types of uppers. For example, !he uppers,

in this

aspect,

can be stitched leatlwr and/or made fi·om synthetic nwterials.

FICIS. SF, SG, and 51-1 show three-dimensionul inch worm

shoe 70,80 and 90 respectively. The diiTenmce bt:!wcen these

shoes is the

modilled upper used. In tl11·ee-dinwnsional inch 65

worm shoe

711,

has modi lied snc;1kcr upper

6413,

which uses a

hook und loop lhstcncr. The design in FIG. SU utilizes modi-

8

lied stwaker upper 64C having laces, and the shot: design of

FIG. Slluses modilkd "Mary Jane" uppl'r 64D.

Similarly, Flli. 6 shows another design

that

utilizes

a

toe

eup and

outsok•s to

liJI'm the

three-dimensional ligure.

In

this

L'nse, threc-dimensinnalli;r.nrd shoe I 00 is shown. In this case,

the fuce or the lil'urd figure includes mouth 5813, eyes 50;\1

and

60A2

(not shown) and nostrils 66A and

6613

(not shown).

The various leatut·es are designed

tn

resemble a lizard. Out

sole

54

A

f, 56

Band 54131 (not shown) im,ludcs the body and

the kgs ortlw lil'tird. The designnl' !hc \llltwle is continuous

lrom!he d()sig.n ofthe toe cap. Modifk'd Z-strap upper 64E is

utili;r()d in this embodiment nftli\J lizard shoe. Ilowev()r, any

ol'th() modifk'd uppc1-:>,

us

dcscrib()d herein

cnn

be used.

Any

upper known in the

ml

or developed

in

the future. can be

adapted to be used with the toLl cap and outsoles having n three

dimensional

d\Jsign

nf!hc pn.'sent inventinn.

Flli. 7 shmvs a lktional animal chlll'actcr,

tiH'l'()-dimen

sional lrecper shoe l I

0.

The animal figure is a fictional tree

creeper. The l\1ce or toe cap 58C is cnmpl'iscd of mouth 58C,

eyes 60;\2

und

6tlB2 (not shown). horn

6RA

and 6813 (not

shown). The toe cap serves to protect the toes, and generally

is

US()d to form the Jhcc 0

f' the three-dimensional figure.

An:ordingly, in anembodim()llt,

t h L ~

toe cap includes

at

kast

a mouth

and

eyes,

nnd L'an further include one or more ofthc

lbllowing: antler$, horns, nostrils,

and urm>. As in

this llgure,

the toe cap f'urlht:r includes horns, and urms, Tlw !hrce-di

mcnsional design of' !hl' tree l'!'ceper is continued ;dong \llll-

sole 54A2, 56C and 54132 (not shnwn).

Tlw nwterinl of the mokk-tl shoe

is

prctcmhly

a molded

plastk.

but

cnn

he mud()

of rubber, vinyl, thennopluslic mat()

rial, tlwnnosetting plastic material, or any other maleriulthat

cun lw molded. The invention can use any molded plastk

including Ethylene Vinyl Acetate (EVA),

n1bbcr,

Thcrmo

Piuslic Rubber ('I'PR), l'nlyurelhane (PU), (PolyVinyl Chlo

ride) PVC und

combinations thereo[

In

an embodiment, the

shoes

of

the present invention are an injcclion molded

EVA.

EVA, is

n copolymer of ethylene and vinyl acetate. E\Z<\ is a

polymer that is soli and flexible, ami processed like a ther

moplastic. E \ ~ ' \ and other tlwnnoplaslic mnterial arc conl-

mercially nvailahl()

lh1111 a

numher of retailers including

Dupont.

Injection molding is n n w m d i : ~ c t u r i n g techniq11c that uses

materials such as thermoplastic and thermosl.'tling plastic

materials. Molten plastic is injected at high pressme into a

mold, which is tlw invcr:w of he s h o ~ . , · ~ shape (e.g., an

invel'Sl'

ofthe

thre()

dimensional contow-:>nl'the animalligure and the

invcrsl' of the corresponding animal imprint on tlw bottom

imprinting SllrliiCL'), ;\(kr Ull embodiment or !he present

invention is designed, mnlds arc made e.g . fhml metal, usu

ally either steel or aluminum, and precision-machined to li.>nn

the lcaturcs of the shoe.

The shoe of the prcs()nl invention, in an aspect, is m a d ~

in

part or in whole from a material that is rel')'Ciabll.). In a

prelerred embodiment, the who ~ ; ~ shoe inch1ding the simp nnd

optionally the means !(w securing the strap is made ll·om a

recyclable material.

The present inventiun includes method of printing animal

prints

on a surliwe using the shoes of the present invention.

Tlw method invnlvos tho user who is weal'ing the shoe step

ping

nn

a sul'fhce. '!'he act of sll•ppiug or applying pressure to

!he bottom imprinting surfhcc or the shoe l'renlcs l l l l impres

sion

on

the surlilce. The surlhec cm1 he u soil or ,;pnngy

surll1ce,

sm;h as soH

dirt, mud, and

sum!.

The depth of the

indentations (e.g.., the pmtrusions and

r < : c c s s ~ s )

that limn the

animal print on the bottom s u r ! i 1 c ~ of the shoe allows

LlJIC

to

malw an impression or imprint on the surfarc. Tho nwthod

further includes 11rst pludng the shou

1111

the Wl'amr's lee!.


us 8,371,044 82

9

Alternatively, the imprints can he made on a harder or llat

surlhc<• when surlhcc is coated with a print making solutions

(e.g., washable paint), In yd

another umbodiment, solutions

which reacts only to

the

surll!Ce on which

the

ust•r is stepping

to show color. Another embodiment is wetting the bnttnm

sul'illcc of tlw shoe and making prints nn u dry s u r l i l t ~ e such

that the print can be seen when wet.

10

dimensionnl animal or character l i g u r ~ having one or

more l c ; ~ t u r c s arc a single piece lbrnwd

hy u molded

material.

2. The shoe of claim I, wherein the sole

lws

a bottnm

surlhc:c that com prist's a series ol'prnjcctions and recesses

thut

l(mn ll print to thct·eby nmn un imprinting surlhce, wherein

the llgure

on

the onter surface

of he

toe cap relates tn the

print

of

the

imprinting surlhcL'.

I XEMPI JFICATION

1\xumplc I

3. The shne ofcluim

I,

wherein

the

molded material com

to priscs 1\thykmc Vinyl ; \ < . ~ < . ~ t a t e (EVA), rubber, Thcrmol'lastk

Rubbc•r

(TI'R), l'nlyurcthanc (l'U),

and

(PolyVinyl Chloride)

PVC.

The shoes shown in the FIGS. 1-4 wcm made using EVA

injection molding techniques. A mold

of

each of the animal

shoes were precision nuwhined to lorm the inverse of the ts

flgurtJ. MoltenEVA was injected at high prcssme into a mold

to form the shoe. Snups were adckd to the straps li:lr securing

the strap

to

the shoe.

Example 2

The shoes shown

in FIGS. 5-7 where made using the

fol

lowing process. These shoes were made using injection mold

ing. t<.>chniqtws. A mold of ead1

of

the animal shoes were

precision machined

to

lhnn the inverscorthc toecap, sole and 25

outsolc nl'

the

shoe shown

in

the FIGS. 5-7. Molten thermo·

plastic was injected at high pressure into u mold

to

lurm

tlw

shoe. The lllt1dified

upper, nnmely, Z-stmp upper, sneaker

upper having a hook and loop fnstener, modilicd sneaker

upper having laces, or modified "Mary Jane" upper were .lo

attm:hcd, as shown,

to

11ll' toe cap and out soles with adhesive.

shown,

to

the J(H·

securing the strap

to the

shoe.

The rckvant teachings ofullthe rdcrcnccs, puk'nts and/m

patent applications cited herein are incorpomted herein by 35

reference in their entirety.

4. The shoe

of

claim I, whcmin the shoe further includes

straps, hook and

loop

l h s t ~ n c r s , or laces.

5.

A

m o l d ~ d shoe, the shoe comprises:

u. a sole having an nut sole wherein the lltltsolc has u bnttom

surl1lce

that

comprises

a

series

of

projections

and

recesses that

lbnn an

ani nml print ltll' un animal.

to

thereby nbtnin

an unimul

imprinting surlitcc;

and

b.

a toe ctlp, wherein the toe cup and the outsnlc comprise

an outer surlhce that comprises a series of pmjections

nne! recesses

that

lbrm a three-dimensional nnimalligure

having one

OJ'

more features, whcr<.>in the toe cup,

the

sole,

tlw

outsnlc, the unimal imprinting surface,

and

threll-dimensional animal having one or more n ~ a t u r c s

nrc a single piece limned by a molded mutcriul; and

c. Wlllppcr. tidupted to llttach to the toe t'up;md the nutsole;

wherein the projections

and

r e c ~ s s e s oft he aninwl imprint

ing surlbce a Iow

one wearing the shoe

to

make imprints,

and

till' animal llgllrc

on

the outer surlhcc of the upper

relates to the aninwl

print

oftlw animal imprinting sur-

litcc.

6. The molded shoe ol'claim 5, wherein the molded

mute

rial is recyclable or

mude

Ji·nm rt'Cycled plastic material.

7.

The molded shoe

of

claimS, wherein the m1imal imprint

ing. surlhce includes projections and recesses that

l(mn foot

prints ot' three-dimensional animal ligurc.

hik

this

invention hus been purticulm·ly shown nnd

described with relcrcllC<.•s to prdcrred embodiments t h e r e n l ~

it will be understood by those skilled in the !lrt that vnrinus

in may he

departing from the scopeofthe invention encompassed by the

appended claims.

8. The mokkd shocol 'claim7, whcrl'intlw animal imprint

ing. surltlCC has projections, recesses, or both

that

lwve ndepth

4U that

ranges between ahout 2 111111 to "bout 5 111111 to thereby

ohtuin an uninwl imprinting surfhcc.

What is

claimed

is:

I. A shoe that comprises:

a. a sole that includes an outsolc extending. therefrom, 45

wltc!'cin the outsole hus a bottom surfltcc;

h. a toe cap, wherein the toe cap

and

the outsnk comprise

9. The molded shoe of claim 5, wherein the toe cap, the

out sole or both, include a series

of

proje<.:tions and rc<.·esses

that

limn

an

animnlligure

that

hns eyes

and a mouth.

10. The molded shoe of cluim

8,

whcrdn the toe cap, tlw

outsolc or both further include ll series

or

projections and

recesses thut lhrm ananimalligurc

thut

has one or more ofthe

li11lmving: <lllinwl skin pattern, leathers, scales, tl\lsc, teeth,

gmss, legs, eyes, toes, lcet, ears,

ltll\

mouth, claws Ol'

any

nn outer surlhcc

that

comprises a series of projections

and

r e c c s s ~ s

that

lbrm a three-dimensional figure having

one

or more features, wherein

the toe

cap, t h ~ sole,

the

nutsolc, and

the

thrcc-dimcnsionul animal or c h u n K ~ t e r

flg.urc having one or more f ' e u t u r ~ s un.l u single piece

ltmned

by 11 molded material:

and

sn

combination thereof.

c.

;mupper, 'adapted to attm:h to

the

toe cup ami the nut

sole

wlwrein the toe cap, the sole, the outsolc und the three-

11. 'lllC molded shoe of claim 9. wherein t h ~ projections.

r ~ c c s s c s or both nfthe toe cup, outsole or both haw a dt•pth

that ranges lwtwcen about 2 nun to about

20 111111.

*

JS 44 (Rev. 12/12) CIVIL COVER SHEETThe JS 44 civil cover sheet and the information contained herein neither replace nor supplement the filing and service of pleadings or other papers as required by law, except as

provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is required for the use of the Clerk of Court for the purpose of initiating the civil docket sheet. (SEE INSTRUCTIONS ON NEXT PAGE OF THIS FORM.)

I. (a) PLAINTIFFS DEFENDANTS

(b) County of Residence of First Listed Plaintiff County of Residence of First Listed Defendant

(EXCEPT IN U.S. PLAINTIFF CASES) (IN U.S. PLAINTIFF CASES ONLY)

NOTE: IN LAND CONDEMNATION CASES, USE THE LOCATION OFTHE TRACT OF LAND INVOLVED.

(c) Attorneys (Firm Name, Address, and Telephone Number) Attorneys (If Known)

II. BASIS OF JURISDICTION (Place an “X” in One Box Only) III. CITIZENSHIP OF PRINCIPAL PARTIES (Place an “X” in One Box for Plaintiff

(For Diversity Cases Only) and One Box for Defendant)

’ 1 U.S. Government ’ 3 Federal Question PTF DEF PTF DEF

Plaintiff (U.S. Government Not a Party) Citizen of This State ’ 1 ’ 1 Incorporated or Principal Place ’ 4 ’ 4

of Business In This State

’ 2 U.S. Government ’ 4 Diversity Citizen of Another State ’ 2 ’ 2 Incorporated and Principal Place ’ 5 ’ 5

Defendant (Indicate Citizenship of Parties in Item III) of Business In Another State

Citizen or Subject of a ’ 3 ’ 3 Foreign Nation ’ 6 ’ 6

Foreign Country

IV. NATURE OF SUIT (Place an “X” in One Box Only)

CONTRACT TORTS FORFEITURE/PENALTY BANKRUPTCY OTHER STATUTES

’ 110 Insurance PERSONAL INJURY PERSONAL INJURY ’ 625 Drug Related Seizure ’ 422 Appeal 28 USC 158 ’ 375 False Claims Act

’ 120 Marine ’ 310 Airplane ’ 365 Personal Injury - of Property 21 USC 881 ’ 423 Withdrawal ’ 400 State Reapportionment

’ 130 Miller Act ’ 315 Airplane Product Product Liability ’ 690 Other 28 USC 157 ’ 410 Antitrust

’ 140 Negotiable Instrument Liability ’ 367 Health Care/ ’ 430 Banks and Banking

’ 150 Recovery of Overpayment ’ 320 Assault, Libel & Pharmaceutical PROPERTY RIGHTS ’ 450 Commerce

& Enforcement of Judgment Slander Personal Injury ’ 820 Copyrights ’ 460 Deportation

’ 151 Medicare Act ’ 330 Federal Employers’ Product L iabi lity ’ 830 Patent ’ 470 Racketeer Influenced and

’ 152 Recovery of Defaulted Liability ’ 368 Asbestos Personal ’ 840 Trademark Corrupt Organizations

Student Loans ’ 340 Marine Injury Product ’ 480 Consumer Credit

(Excludes Veterans) ’ 345 Marine Product Liability LABOR SOCIAL SECURITY ’ 490 Cable/Sat TV

’ 153 Recovery of Overpayment Liability PERSONAL PROPERTY ’ 710 Fair Labor Standards ’ 861 HIA (1395ff) ’ 850 Securities/Commodities/

of Veteran’s Benefits ’ 350 Motor Vehicle ’ 370 Other Fraud Act ’ 862 Black Lung (923) Exchange

’ 160 Stockholders’ Suits ’ 355 Motor Vehicle ’ 371 Truth in Lending ’ 720 Labor/Management ’ 863 DIWC/DIWW (405(g)) ’ 890 Other Statutory Actions

’ 190 Other Contract Product Liability ’ 380 Other Personal Relations ’ 864 SSID Title XVI ’ 891 Agricultural Acts

’ 195 Contract Product Liability ’ 360 Other Personal Property Damage ’ 740 Railway Labor Act ’ 865 RSI (405(g)) ’ 893 Environmental Matters

’ 196 Franchise Injury ’ 385 Property Damage ’ 751 Family and Medical ’ 895 Freedom of Information

’ 362 Personal Injury - Product Liability Leave Act Act

Medical Malpractice ’ 790 Other Labor Litigation ’ 896 Arbitration

REAL PROPERTY CIVIL RIGHTS PRISONER PETITIONS ’ 791 Employee Retirement FEDERAL TAX SUITS ’ 899 Administrative Procedure

’ 210 Land Condemnation ’ 440 Other Civil Rights Habeas Corpus: Income Security Act ’ 870 Taxes (U.S. Plaintiff Act/Review or Appeal of

’ 220 Foreclosure ’ 441 Voting ’ 463 Alien Detainee or Defendant) Agency Decision

’ 230 Rent Lease & Ejectment ’ 442 Employment ’ 510 Motions to Vacate ’ 871 IRS—Third Party ’ 950 Constitutionality of

’ 240 Torts to Land ’ 443 Housing/ Sentence 26 USC 7609 State Statutes

’ 245 Tort Product Liability Accommodations ’ 530 General

’ 290 All Other Real Property ’ 445 Amer. w/Disabilities - ’ 535 Death Penalty IMMIGRATION

Employment Other: ’ 462 Naturalization Application’ 446 Amer. w/Disabilities - ’ 540 Mandamus & Other ’ 465 Other Immigration

Other ’ 550 Civil Rights Actions

’ 448 Education ’ 555 Prison Condition

’ 560 Civil Detainee -

Conditions of

Confinement

V. ORIGIN (Place an “X” in One Box Only)

’ 1 OriginalProceeding

’ 2 Removed fromState Court

’ 3 Remanded fromAppellate Court

’ 4 Reinstated or Reopened

’ 5 Transferred fromAnother District(specify)

’ 6 MultidistrictLitigation

VI. CAUSE OF ACTION

Cite the U.S. Civil Statute under which you are filing (Do not cite jurisdictional statutes unless diversity):

Brief description of cause:

VII. REQUESTED INCOMPLAINT:

’ CHECK IF THIS IS A CLASS ACTIONUNDER RULE 23, F.R.Cv.P.

DEMAND $ CHECK YES only if demanded in complaint:

JURY DEMAND: ’ Yes ’ No

VIII. RELATED CASE(S)IF ANY

(See instructions):JUDGE DOCKET NUMBER

DATE SIGNATURE OF ATTORNEY OF RECORD

FOR OFFICE USE ONLY

RECEIPT # AMOUNT APPLYING IFP JUDGE MAG. JUDGE


Polliwalks, Inc.

Middlesex County

Jeffrey E. Francis, Pierce Atwood LLP100 Summer Street, Suite 2250Boston, MA 02110 Tel: (617) 488-8136

BBC International, LLC andFamily Dollar Stores, Inc.

35 U.S.C. Sec. 271 et seq.

Patent Infringement

06/14/2013 /s/ Jeffrey E. Francis BBO #639944

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JS 44 Reverse (Rev. 12/12)

INSTRUCTIONS FOR ATTORNEYS COMPLETING CIVIL COVER SHEET FORM JS 44

Authority For Civil Cover Sheet

The JS 44 civil cover sheet and the information contained herein neither replaces nor supplements the filings and service of pleading or other papers as

required by law, except as provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is

required for the use of the Clerk of Court for the purpose of initiating the civil docket sheet. Consequently, a civil cover sheet is submitted to the Clerk of

Court for each civil complaint filed. The attorney filing a case should complete the form as follows:

I.(a) Plaintiffs-Defendants. Enter names (last, first, middle initial) of plaintiff and defendant. If the plaintiff or defendant is a government agency, use

only the full name or standard abbreviations. If the plaintiff or defendant is an official within a government agency, identify first the agency and

then the official, giving both name and title.

(b) County of Residence. For each civil case filed, except U.S. plaintiff cases, enter the name of the county where the first listed plaintiff resides at the

time of filing. In U.S. plaintiff cases, enter the name of the county in which the first listed defendant resides at the time of filing. (NOTE: In land

condemnation cases, the county of residence of the "defendant" is the location of the tract of land involved.)

(c) Attorneys. Enter the firm name, address, telephone number, and attorney of record. If there are several attorneys, list them on an attachment, noting

in this section "(see attachment)".

II. Jurisdiction. The basis of jurisdiction is set forth under Rule 8(a), F.R.Cv.P., which requires that jurisdictions be shown in pleadings. Place an "X"

in one of the boxes. If there is more than one basis of jurisdiction, precedence is given in the order shown below.

United States plaintiff. (1) Jurisdiction based on 28 U.S.C. 1345 and 1348. Suits by agencies and officers of the United States are included here.

United States defendant. (2) When the plaintiff is suing the United States, its officers or agencies, place an "X" in this box.

Federal question. (3) This refers to suits under 28 U.S.C. 1331, where jurisdiction arises under the Constitution of the United States, an amendment

to the Constitution, an act of Congress or a treaty of the United States. In cases where the U.S. is a party, the U.S. plaintiff or defendant code takes

precedence, and box 1 or 2 should be marked.

Diversity of citizenship. (4) This refers to suits under 28 U.S.C. 1332, where parties are citizens of different states. When Box 4 is checked, the

citizenship of the different parties must be checked. (See Section III below; NOTE: federal question actions take precedence over diversitycases.)

III. Residence (citizenship) of Principal Parties. This section of the JS 44 is to be completed if diversity of citizenship was indicated above. Mark this

section for each principal party.

IV. Nature of Suit. Place an "X" in the appropriate box. If the nature of suit cannot be determined, be sure the cause of action, in Section VI below, is

sufficient to enable the deputy clerk or the statistical clerk(s) in the Administrative Office to determine the nature of suit. If the cause fits more than

one nature of suit, select the most definitive.

V. Origin. Place an "X" in one of the six boxes.

Original Proceedings. (1) Cases which originate in the United States district courts.

Removed from State Court. (2) Proceedings initiated in state courts may be removed to the district courts under Title 28 U.S.C., Section 1441.

When the petition for removal is granted, check this box.

Remanded from Appellate Court. (3) Check this box for cases remanded to the district court for further action. Use the date of remand as the filing

date.

Reinstated or Reopened. (4) Check this box for cases reinstated or reopened in the district court. Use the reopening date as the filing date.

Transferred from Another District. (5) For cases transferred under Title 28 U.S.C. Section 1404(a). Do not use this for within district transfers or

multidistrict litigation transfers.

Multidistrict Litigation. (6) Check this box when a multidistrict case is transferred into the district under authority of Title 28 U.S.C. Section 1407.

When this box is checked, do not check (5) above.

VI. Cause of Action. Report the civil statute directly related to the cause of action and give a brief description of the cause. Do not cite jurisdictionalstatutes unless diversity. Example: U.S. Civil Statute: 47 USC 553 Brief Description: Unauthorized reception of cable service

VII. Requested in Complaint. Class Action. Place an "X" in this box if you are filing a class action under Rule 23, F.R.Cv.P.

Demand. In this space enter the actual dollar amount being demanded or indicate other demand, such as a preliminary injunction.

Jury Demand. Check the appropriate box to indicate whether or not a jury is being demanded.

VIII. Related Cases. This section of the JS 44 is used to reference related pending cases, if any. If there are related pending cases, insert the docket

numbers and the corresponding judge names for such cases.

Date and Attorney Signature. Date and sign the civil cover sheet.


UNITED STATES DISTRICT COURT

DISTRICT OF MASSACHUSETTS

1. Title of case (name of first party on each side only)

2. Category in which the case belongs based upon the numbered nature of suit code listed on the civil cover sheet. (See local

rule 40.1(a)(1)).

I. 410, 441, 470, 535, 830*, 891, 893, 895, R.23, REGARDLESS OF NATURE OF SUIT.

II. 110, 130, 140, 160, 190, 196, 230, 240, 290,320,362, 370, 371, 380, 430, 440, 442, 443, 445, 446, 448, 710, 720,740, 790, 820*, 840*, 850, 870, 871.

III. 120, 150, 151, 152, 153, 195, 210, 220, 245, 310, 315, 330, 340, 345, 350, 355, 360, 365, 367, 368, 375, 385, 400,422, 423, 450, 460, 462, 463, 465, 480, 490, 510, 530, 540, 550, 555, 625, 690, 751, 791, 861-865, 890, 896, 899,

950.

*Also complete AO 120 or AO 121. for patent, trademark or copyrigh t cases.

3. Title and number, if any, of related cases. (See local rule 40.1(g)). If more than one prior related case has been filed in thisdistri ct please indicate the title and number of the first fil ed case in this court.

4. Has a prior action between the same parties and based on the same claim ever been filed in this court?

YES 9 NO 9

5. Does the complaint in this case question the constitutionality of an act of congress affecting the public interest? (See 28 USC§2403)

YES 9 NO 9

If so, is the U.S.A. or an officer, agent or employee of the U.S. a party?

YES 9 NO 9

6. Is this case required to be heard and determined by a district court of three judges pursuant to title 28 USC §2284?

YES 9 NO 9

7. Do all of the parties in this action, excluding governmental agencies of the united states and the Commonwealth of

Massachusetts (“ governmental agencies”), residing in Massachusetts reside in the same division? - (See Local Rule 40.1(d)).

YES 9 NO 9

A. If yes, in which d ivi sion do al l of the non-governmental par ties res ide?

Eastern Divisi on 9 Central Division 9 Western Division 9

B. If no, in which division do the majority of the plaintiffs or the only parties, excluding governmental agencies,

residing in Massachusetts reside?

Eastern Divisi on 9 Central Division 9 Western Division 9

8. If filing a Notice of Removal - are there any motions pending in the state court requiring the attention of this Court? (If yes,

submit a separate sheet identifying the motions)

YES 9 NO 9

(PLEASE TYPE OR PRINT)

ATTORNEY'S NAME

ADDRESS

TELEPHONE NO.

(CategoryForm12-2011.wpd - 12/2011)


Polliwalks, Inc. v. BBC International, LLC et al.

N/A

Jeffrey E. Francis, Joseph M. Maraia

Pierce Atwood LLP, 100 Summer Street, Suite 2250, Boston, MA 02110

(617) 488-8136

Date post:	03-Apr-2018
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Polliwalks v. Family Dollar - Complaint

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