The Tieks’ case just happens to provide a colorful case study in Fashion Law which expertly details patent design infringement; trade dress; unfair trade practices, and false advertising where Soto Massini and founder Thomas Pichler (“Defendants”) actively peddled the blue – turquoise pekkaboo soled shoe, “Terzetto Milano” which decidedly infringed the ornamental design for the Tieks’ shoe with a blue outpatch sole, and an ornamental design for a split – sole shoe. Gavrieli Brands walked away in the green amounting to a Delaware federal jury award in the amount of  $2.1 million in damages.

Defendants had the claimed designs of the Patents-in- Suit, without Gavrieli’s permission, in their “Terzetto Milano” ballet flats, as evidenced in the exhibit above, that Defendants have made, used, offered for sale, sold, and/or imported into the United States.

The Case:

The case, in sum: Gavrieli Brands, LLC who is the shoe maker for Tieks foorwear accused Soto Massini, an Italian Limited Co., and Thomas Pichler the founder of Soto Massini, for patent infringement arising under the laws of the United States, 35 U.S.C. § 101 et seq., trade dress infringement arising under the Federal Trademark Act of 1946, known as the Lanham Act, 15 U.S.C. § 1051 et seq., unfair trade practices arising under the laws of the state of California, Cal. Bus. Prof. Code § 17200 et seq., false advertising arising under the Lanham Act, 15 U.S.C. § 1125 et seq., and false advertising under the laws of the state of California, Cal. Bus. Prof. Code § 17500 et seq. Gavrieli is the owner of all right, title, and interest in United States Design Patents Nos. D781,035 (the “’035 patent”), D781,032 (the “’032 patent, D781,034 (the “’034 patent”), D681,927 (the “’927 patent”), and D761,538 (the “’538 patent”), as well as the distinctive trade dress associated with Tieks®.

Pichler and Soto Massini (“Defendants”)have used and continue to use the claimed designs of the Patents-in- Suit, without Gavrieli’s permission, in their “Terzetto Milano” ballet flats that Defendants have made, used, offered for sale, sold, and/or imported into the United States. Gavrieli Brands, LLC who is the shoe maker for Tieks footwear accused Soto Massini, an Italian Limited Co., and Thomas Pichler the founder of Soto Massini, for patent infringement arising under the laws of the United States, 35 U.S.C. § 101 et seq., trade dress infringement arising under the Federal Trademark Act of 1946, known as the Lanham Act, 15 U.S.C. § 1051 et seq., unfair trade practices arising under the laws of the state of California, Cal. Bus. Prof. Code § 17200 et seq., false advertising arising under the Lanham Act, 15 U.S.C. § 1125 et seq., and false advertising under the laws of the state of California, Cal. Bus. Prof. Code § 17500 et seq.

Gavrieli is the owner of all right, title, and interest in United States Design Patents Nos. D781,035 (the “’035 patent”), D781,032 (the “’032 Case 1:18-cv-00462-GMS Document 27 Filed 05/22/18 Page 1 of 65 PageID #: 506 2 patent”), D781,034 (the “’034 patent”), D681,927 (the “’927 patent”), and D761,538 (the “’538 patent”) (collectively, the Patents-in-Suit,” attached hereto as Exs. A-E), as well as the distinctive trade dress (the “Trade Dress”) associated with Tieks®. 2. Defendants have used and continue to use the claimed designs of the Patents-in- Suit, without Gavrieli’s permission, in their “Terzetto Milano” ballet flats that Defendants have made, used, offered for sale, sold, and/or imported into the United States.Gavrieli Brands, LLC who is the shoe maker for Tieks foorwear accused Soto Massini, an Italian Limited Co., and Thomas Pichler the founder of Soto Massini,  for patent infringement arising under the laws of the United States, 35 U.S.C. § 101 et seq., trade dress infringement arising under the Federal Trademark Act of 1946, known as the Lanham Act, 15 U.S.C. § 1051 et seq., unfair trade practices arising under the laws of the state of California, Cal. Bus. Prof. Code § 17200 et seq., false advertising arising under the Lanham Act, 15 U.S.C. § 1125 et seq., and false advertising under the laws of the state of California, Cal. Bus. Prof. Code § 17500 et seq. Gavrieli is the owner of all right, title, and interest in United States Design Patents Nos. D781,035 (the “’035 patent”), D781,032 (the “’032 patent”), D781,034 (the “’034 patent”), D681,927 (the “’927 patent”), and D761,538 (the “’538 patent”) as well as the distinctive trade dress (the “Trade Dress”) associated with Tieks®. 

Defendants had the claimed designs of the Patents-in- Suit, without Gavrieli’s permission, in their “Terzetto Milano” ballet flats that Defendants have made, used, offered for sale, sold, and/or imported into the United States.

Please, see Gavrieli Brands LLC v. Soto Massini (USA) Corp., an Italian Limited Co., and Thomas Pichler, an Individual, case no. 1:18-cv-00462, U.S. District of Delaware for a great visual presentation of the case.