Shashi v. Thirty Three Threads - Complaint

Case 9:18-cv-80496-RLR Document 1 Entered on FLSD Docket 04/16/2018 Page 1 of 14
UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA
CASE NO.
SHASHI, LLC, a Florida )

limited liability company, )
)
Plaintiff, )
)
vs. )
)
THIRTY THREE THREADS, INC., )
a California Corporation )
)
)
Defendant. )
___________________________________)
COMPLAINT
Plaintiff, Shashi, LLC (“Plaintiff”), by and through
undersigned counsel, hereby files its Complaint against Thirty
Three Threads, Inc. (“Defendant”) and alleges as follows:
JURISDICTION AND VENUE
1. This is an action for injunctive and other relief under
the patent laws of the United States, 35 U.S.C. §101, et seq., for
design patent infringement. This is also an action for injunctive
and other relief under the Federal Trademark Act, 15 U.S.C. §1051,
et seq. (“Lanham Act”), particularly 15 U.S.C. §1125(a), for trade
dress infringement and unfair competition. Plaintiff also asserts
claims in accordance with common law rights, Fla. Stat. §495.161,
for trade dress infringement and unfair competition.
2. This Court has jurisdiction over this action pursuant to
28 U.S.C. §§1331, 1338(a) and 1338(b). This Court also has
jurisdiction pursuant to 15 U.S.C. §1121 and the doctrine of

supplemental jurisdiction, as set forth in 28 U.S.C. §1367.
3. Venue is proper under 28 U.S.C. §§1391(b) the wrongful
acts committed by Defendant occurred in the Southern District of
Florida, and a substantial part of the events or omissions giving
rise to the claim occurred therein, or a substantial part of the
property that is the subject of the action is situated therein.
4. Upon information and belief, jurisdiction is proper in
that:
a. Defendant has operated, conducted, engaged in, or
carried on a business venture in this State, and the
Southern District of Florida, from which this action
arises, within the meaning of Fla. Stat. §48.193(1)(a);
or
b. Defendant has committed tortious acts within this
State, and the Southern District of Florida, including
the infringement set forth herein, within the meaning of
Fla. Stat. §48.193(1)(b); or
c. Defendant has engaged in substantial and not isolated
activity within this state, and the Southern District of
Florida, within the meaning of Fla. Stat. §48.193(2).
THE PARTIES
5. Plaintiff is a limited liability corporation organized
and existing under the laws of the State of Florida, and having an
address at 2701 NW 2nd Avenue, Suite 101, Boca Raton, Florida 33431.
2
6. Upon information and belief, Defendant is a corporation
organized and existing under the laws of the State of California,
and having an address at 1330 Park Center Drive, Vista, California
92081.
FACTUAL BACKGROUND
7. Since approximately November, 2010, Plaintiff has been in
the business of designing, causing to be manufactured, marketing,
promoting, offering for sale, distributing and selling fitness
apparel, namely a proprietary line of fitness socks that are
particularly suited for use during Pilates, yoga, and barre
workouts sold under the registered trademark “SHASHI®”.
8. The SHASHI® socks include a closed or split-toe
configuration, have a unique mesh top panel, and a novel
arrangement of slip-resistant grip dots on the bottom of the sock.
9. Plaintiff has invested considerable time, creative
effort, and resources to create its exclusive and innovative socks,
and develop goodwill in the SHASHI® socks.
PLAINTIFF’S PATENT AND TRADE DRESS RIGHTS
10. Plaintiff is the owner of U.S. Design Patent No. D664,349
(“the ‘349 Patent”) which was duly and lawfully issued on or about
July 31, 2012, for the ornamental design for its innovative sock,
as shown and described therein (all collectively hereafter the
“patented design”). Plaintiff is also the owner of U.S. Design
Patent No. D812,892 (“the ‘892 Patent”) which was duly and lawfully
3
issued on or about March 20, 2018, for the ornamental design for
its innovative sock, as shown and described therein (“all
collectively hereafter the “patented design”). See Composite
Exhibit A hereto.
11. Plaintiff’s unique patented design and appearance in and
of the SHASHI® socks is recognizable as the style and work and
trade dress of Plaintiff. Plaintiff’s trade dress consists of an
overall look or commercial impression resulting from the arbitrary
selection and combination of certain non-functional features,
namely, in an ankle-length grip sock, a semi-opaque or partially
transparent mesh panel disposed on the top surface of the sock
which is made of a sheer fabric dissimilar to that of the remainder
of the sock (all collectively hereafter “Plaintiff’s Product Trade
Dress”). In alternative embodiments, the Plaintiff’s Product Trade
Dress may further incorporate a field of rhinestones adorning the
mesh panel (further incorporated into “Plaintiff’s Product Trade
Dress). Examples of Plaintiff’s Product Trade Dress are attached as
composite Exhibit B.
12. Prior to the acts of Defendant complained of herein,
Plaintiff adopted and used in commerce its distinctive Product
Trade Dress for its SHASHI® socks. Such use has been continuous
since its inception.
13. Since prior to the infringing acts of Defendant
complained of herein, Plaintiff has achieved significant commercial
4
success and substantial sales, advertising, and promotion of its
socks utilizing Plaintiff’s Product Trade Dress, throughout the
State of Florida and the United States, including the Southern
District of Florida.
14. By virtue of its unique style and continuous and
widespread use, and since prior to the infringing acts of Defendant
complained of herein, Plaintiff’s Product Trade Dress has developed
a secondary meaning and significance, and has been readily
recognizable as distinguishing Plaintiff’s goods from the goods of
others.
DEFENDANT’S INFRINGING ACTIVITY
15. Upon information and belief, at least as early as 2018,
Defendant began manufacturing, marketing, and selling competing and
infringing socks designed for the Pilates, yoga, and barre
industry.
16. Defendant has engaged in, and it is believed will
continue to engage in a deliberate and willful scheme to trade upon
and to misappropriate for itself the vast goodwill represented and
symbolized by the Plaintiff’s Product Trade Dress, and to infringe
upon and utilize the design shown in the ‘349 Patent and the ‘892
Patent, all without Plaintiff’s consent thereof.
17. The acts of Defendant complained of herein constitute
willful and intentional infringement of Plaintiff’s Product Trade
Dress and rights in and to the ‘349 Patent and the ‘892 Patent, and
5
are in total disregard of Plaintiff’s rights, and were commenced
and it is believed will continue.
18. Upon information and belief, subsequent to the issuance
of the ‘349 Patent and the ‘892 Patent, and the original sales of
goods by or on behalf of Plaintiff embodying Plaintiff’s patented
and trade dress design, Defendant commenced and has continued
making, importing, using, selling, and/or offering for sale, within
the Southern District of Florida and elsewhere, unauthorized socks
utilizing and embodying the patented and trade dress design
described and claimed in the ‘349 Patent, the ‘892 Patent, and
Plaintiff’s Product Trade Dress (the “Infringing Socks”). Sample
photographs of the Infringing Socks are attached as Composite
Exhibit C.
19. Particularly, through its sub-brand Tavi Noir, Defendant
has offered for sale a sock under the name “MADDIE” which infringes
at least the ‘349 Patent, the ‘892 Patent, and Plaintiff’s Product
Trade Dress (further incorporated into “the Infringing Socks”).
20. Additionally, through its sub-brand ToeSox, Defendant has
offered for sale a sock under the name “LUNA” which infringes at
least Plaintiff’s Product Trade Dress (further incorporated into
“the Infringing Socks”).
21. Defendant’s unauthorized sales of the Infringing Socks
and related marketing activities commenced long after substantial
sales in commerce of authorized goods by Plaintiff embodying
6
Plaintiff’s patented design, Plaintiff’s Product Trade Dress, and
subsequent to the acquisition of rights and secondary meaning in
Plaintiff’s Product Trade Dress accruing to Plaintiff.
22. Defendant’s aforesaid use of the Infringing Socks is
designed and is calculated and is likely to cause confusion, to
cause mistake, and to deceive current and prospective customers as
to the origin or sponsorship of Defendant’s goods and to falsely
cause the consuming public to believe that Defendant’s goods are
the goods of Plaintiff, or are sponsored, licensed, authorized, or
approved by Plaintiff, all to the detriment of Plaintiff, the
trade, and the public.
23. Defendant commenced its infringing activities described
herein without the consent of Plaintiff, in deliberate, knowing,
and wanton disregard of the rights of Plaintiff and to Plaintiff’s
irreparable damage, unless restrained by this Court.
COUNT I – DESIGN PATENT INFRINGEMENT of the ‘349 Patent
24. Plaintiff incorporates herein each and every allegation
set forth in Paragraphs 1 through 23 as if fully set forth herein.
25. Defendant’s aforesaid acts, including the unauthorized
manufacture, import, use, sales, and/or offering for sale of goods
embodying the design shown in the ‘349 Patent, constitute
infringement of and/or inducement to infringe the ‘349 Patent,
directly and/or under the doctrine of equivalents.
26. Defendant’s aforesaid acts have deprived Plaintiff of
7
sales that Plaintiff otherwise would have made.
27. Defendant’s aforesaid acts have caused and will cause
great and irreparable injury to Plaintiff, and unless said acts are
restrained by this Court, they will be continued and Plaintiff will
continue to suffer great and irreparable injury.
28. Plaintiff has no adequate remedy at law.
COUNT II – DESIGN PATENT INFRINGEMENT of the ‘892 Patent
30. Defendant’s aforesaid acts, including the unauthorized
manufacture, import, use, sales, and/or offering for sale of goods
embodying the design shown in the ‘892 Patent, constitute
infringement of and/or inducement to infringe the ‘892 Patent,
directly and/or under the doctrine of equivalents.
31. Defendant’s aforesaid acts have deprived Plaintiff of
sales that Plaintiff otherwise would have made.
32. Defendant’s aforesaid acts have caused and will cause
great and irreparable injury to Plaintiff, and unless said acts are
restrained by this Court, they will be continued and Plaintiff will
continue to suffer great and irreparable injury.
Plaintiff has no adequate remedy at law.
COUNT III - FALSE DESIGNATION, DESCRIPTION, AND REPRESENTATION

UNDER THE LANHAM ACT, 15 U.S.C. §1125(a)- PRODUCT TRADE DRESS
8
34. Subsequent to Plaintiff’s establishment of its rights in
Plaintiff’s Product Trade Dress, Defendant intentionally commenced
to use in commerce, and upon information and belief, will continue
to use in commerce the Infringing Socks which are a reproduction,
copy, and colorable imitation of the Plaintiff’s Product Trade
Dress, despite Plaintiff’s prior use thereof and the public
recognition thereof, constituting use in commerce of a word, term,
name, symbol, or device, or combination thereof, or a false
designation of origin, false or misleading description of fact, or
a false or misleading representation of fact that is likely to
cause confusion, or to cause mistake, or to deceive as to
affiliation, connection, or association with Plaintiff, or origin,
sponsorship, or approval of Defendant’s goods by Plaintiff.
35. Defendant’s aforesaid acts constitute unfair competition,
false designation of origin, and/or false description or
representation in violation of §43(a) of the Lanham Act, 15 U.S.C.
§1125(a).
36. Defendant’s aforesaid acts have harmed Plaintiff’s
reputation, severely damaged Plaintiff’s goodwill, and upon
information and belief, have diverted sales from Plaintiff.
37. Defendant’s aforesaid acts have caused and will continue
to cause great and irreparable injury to Plaintiff, and unless said
acts are restrained by this Court, they will be continued and
9
Plaintiff will continue to suffer great and irreparable injury.
COUNT IV - UNFAIR COMPETITION/COMMON LAW TRADE

DRESS INFRINGEMENT OF PRODUCT TRADE DRESS
40. Defendant’s aforesaid acts constitute infringement,
misappropriation, and misuse of Plaintiff’s Product Trade Dress,
unfair competition, palming-off and passing-off against Plaintiff,
and unjust enrichment of Defendant, all in violation of Plaintiff’s
rights at common law and under the law of the State of Florida in
accordance with Fla. Stat. §495.161.
41. Defendant’s acts have harmed Plaintiff’s reputation,
severely damaged Plaintiff’s goodwill, and upon information and
belief, have diverted sales from Plaintiff.
42. Defendant’s aforesaid acts have caused and will continue
to cause great and irreparable injury to Plaintiff, and unless said
acts are restrained by this Court, they will be continued and
Plaintiff will continue to suffer great and irreparable injury.
WHEREFORE, Plaintiff prays:
A. That this Court will adjudge that the `349 Patent and the
‘892 Patent are valid, enforceable, and have been infringed as a
direct and proximate result of the acts and/or inducement of
10
Defendant as set forth herein, in violation of Plaintiff’s rights
under 35 U.S.C. §101, et seq.
B. That Plaintiff’s Product Trade Dress has been infringed
as a direct and proximate result of the acts of Defendant as set
forth herein, in violation of Plaintiff's rights under the Lanham
Act, 15 U.S.C. §1051 et seq., and the common law and under the law
of the State of Florida in accordance with Fla. Stat. §495.161.
D. That this Court will adjudge that Defendant has competed
unfairly with Plaintiff as set forth in this Complaint, in
violation of Plaintiff’s rights under the Lanham Act, 15 U.S.C.
§1125(a), and the common law.
E. That Defendant, and all officers, directors, agents,
servants, employees, attorneys, successors, and assigns, and all
persons in active concert or participation therewith, be
permanently enjoined and restrained from further infringing
manufacture, use, sale, offer for sale and import of the Infringing
Socks, and all other infringements of the ‘349 Patent and the ‘892
Patent.
F. That Defendant, and all officers, directors, agents,
servants, employees, attorneys, successors, and assigns, and all
persons in active concert or participation therewith, be
permanently enjoined and restrained from further infringing
manufacture, use, sale, offer for sale, and import of the
Infringing Socks, and all other designs likely to be confused with
11
or infringe Plaintiff’s Product Trade Dress described herein.
G. That Defendant be required to deliver up for destruction
all Infringing Socks, and other written or printed material in the
possession or control of Defendant which embody or bear the
Infringing Socks, and all plates, molds, matrices, and other means
from making the aforesaid items.
H. That Defendant be directed to file with this Court and to
serve upon Plaintiff within ten (10) days after service of the
injunction issued in this action, a written report, under oath,
setting forth in detail the manner of compliance with the above.
I. That Plaintiff recover damages adequate to compensate for
the Defendant’s patent infringement, but in no event less than a
reasonable royalty for the use made of the patented design by
Defendant, and in addition to the amount of actual damages found,
such sums shall be in an amount three (3) times the amount of the
actual damages found.
J. That in addition thereto, Plaintiff have and recover the
profits of Defendant derived from the use of the infringing designs
under the ‘349 Patent and the ‘892 Patent, pursuant to 35 U.S.C. §
289.
K. That Plaintiff recover the Defendant’s profits and the
damages of Plaintiff arising from Defendant’s acts of trade dress
infringement and unfair competition, pursuant to 15 U.S.C. §1117.
L. That Plaintiff have and recover, pursuant to the laws of
12
the State of Florida, and common law, in addition to its actual
damages, punitive damages in an amount which the Court deems just
and proper.
M. That Plaintiff have and recover both pre-judgment and
post-judgment interest on each and every damage award.
N. That the Court find this case to be exception and award
Plaintiff its reasonable attorney fees incurred in this action,
pursuant to 15 U.S.C. §1117, 35 U.S.C. §285, and as otherwise
authorized.
O. That Plaintiff have and recover its taxable costs and
disbursements herein, pursuant to 15 U.S.C. §1117, and as otherwise
authorized.
P. That Plaintiff have and recover such further relief as
the Court may deem just and proper.
JURY DEMAND
Plaintiff demands a trial by jury as to all issues triable of
right by a jury.
Respectfully submitted,
Dated: April 16, 2018 By: s/W. John Eagan

Miami, Florida John Cyril Malloy, III
Florida Bar No. 964,220
jcmalloy@malloylaw.com
Meredith Frank Mendez
Florida Bar No.
mmendez@malloylaw.com
W. John Eagan
Florida Bar No. 105,101
johneagan@malloylaw.com
MALLOY & MALLOY, P.L.
13
2800 S.W. Third Avenue

Miami, Florida 33129
Telephone (305) 858-8000
Facsimile (305) 858-0008
Attorneys for Plaintiff,

Shashi, LLC
14
Case 9:18-cv-80496-RLR Document 1-1 Entered on FLSD Docket 04/16/2018 Page 1 of 15
EXHIBIT A
USOOD664349S
(12) United States Design Patent (10) Patent No.: US D664,349S

Sudit (45) Date of Patent: Jul. 31, 2012
(54) PAIR OF NON-SLIP VENTILATED SOCKS D622,038 S * 8/2010 Bracken ......................... D2/897
D655,908 S * 3/2012 Eakin ... ... D2,980
2003/0145491 A1* 8/2003 Udugama ... 36.23
(76) Inventor: Natalie L. Sudit, Delray Beach, FL (US) 2005/0091729 A1* 5/2005 Alley ................................ 2,239
(**) Term: 14 Years * cited by examiner
Primary Examiner — T. Chase Nelson
(21) Appl. No. 29/418,615 Assistant Examiner — Kathleen M Sims
(22) Filed: Apr. 18, 2012 (74) Attorney, Agent, or Firm — Robert M. Downey, P.A.
(57) CLAM
- - -
Related U.S. Application Data The ornamental design for a pair of non-slip ventilated socks,
as shown and described.
(62) y of application No. 29/394,674, filed on Jun. DESCRIPTION
(51) LOC (9) Cl. .................................................. 02-04 FIG. 1 is a top perspective view of a pair of non-slip ventilated
(52) U.S. Cl. ........................................................ D2A98O socks showing my new design;
(58) Field of Classification Search ........... D2/980994, FIG. 2 shows a top plan view thereof;
D2/897; 2/239 242, 409 FIG. 3 shows a bottom plan view thereof;
See application file for complete search history. FIG. 4 shows a right side elevational view of the right sock of
FIG. 2:
(56) References Cited FIG. 5 shows a left side elevational view of the left sock of
FIG. 2:
U.S. PATENT DOCUMENTS FIG. 6 shows a left side elevational view of the right sock of
M FIG. 2:
15: s : 38. inwald . . . . . . . . . . . . . . . . . . . . p53 FIG. 7 shows a right side elevational view of the left sock of
2,422,736 A * 6, 1947 Lambert .. ... 2,241 FIG. 2:
2.932,829 A * 4/1960 Corbin . ... 2,239 FIG. 8 shows a front elevational view of the pair of FIG. 1;
3,013,564 A * 12, 1961 Levey ............................. 36/170 and,
5,774,898 A * 7/1998 Malpee ............................. 2,239 FIG. 9 shows a rear elevational view thereof.
6,016,575 A * 1/2000 Prychak ... ... 2,239 The flat circular details shown in FIG.3 represent a change of
D444,940 S * 7/2001 Murrey ... D2/989 material.
E68 s ck 358, ME R38s. The broken lines shown in the drawing views are for purposes
7.0392 B1* 9/2006 SR . .2/400 of illustrating portions of the pair of non-slip ventilated Socks
D548.951 S 8, 2007 Paulin ...... D2/980 that form no part of the claimed design.
7,346,935 B1* 3/2008 Patterson ... ... 2,239
7.487,555 B2 * 2/2009 Takeda et al. ..................... 2,239 1 Claim, 6 Drawing Sheets
U.S. Patent Jul. 31, 2012 Sheet 1 of 6 US D664,349S


FG. 3



EXHIBIT B
4/16/2018
Case Be CLASSIC
9:18-cv-80496-RLR Document 1-2 EnteredSHASHI Cool FeetDocket
on FLSD Socks 04/16/2018 Page 2 of 5
EVERYDAY FREE SHIPPING FOR ALL DOMESTIC ORDERS OVER $45
Login Register Shopping Bag 0
ABOUT SHASHI SHOP STUDIO TO STREET
Home / Classic / CLASSIC Regular Toe
CLASSIC REGULAR TOE

$16.00
IN STOCK
SKU: RT
COLOR:
SELECT SIZE
Choose An Option... Size Guide
SELECT QUANTITY
ADD TO CART
ADD TO WISHLIST
SHARE:
DESCRIPTION
ADDITIONAL INFORMATION
Description
BE CLASSIC
The SHASHI advantage is our patented design. Featuring mesh for greater aeration and style, this sock is similar to a typical sock, but unlike normal socks, SHASHI socks are shaped to
t the unique contours of each of your feet.
The CLASSIC Regular Toe sock is an irresistible part of any studio routine and also makes an elegant transition from the studio to the street.
CLASSIC Regular Toe socks have the following unique features:
http://www.shashionline.com/classic/classic-regular-toe.html 1/2
4/16/2018
Case Be CLASSIC
9:18-cv-80496-RLR Document 1-2 EnteredSHASHI Cool FeetDocket
Mesh top panel for aeration and style.
Coolmax® moisture-wicking fabric to keep your feet dry.
Left- and right-foot design for a more comfortable t.
Large, slip-resistant grips.
Packaged in a mesh pouch for convenient storage
Additional Information
WHATS YOUR PASSION? WHAT’S YOUR PASSION?

Barre
Pilates
Megaformer workouts
Yoga
Tai Chi
Golf
Martial Arts
Physical therapy/rehabilitation
CARE & CONTENT CARE

To keep SHASHI socks in the best possible condition, please follow the
care instructions.
Machine wash warm inside out
Gentle cycle
Line dry
Do not bleach
Do not iron
Do not dry clean
CONTENT
42% COOLMAX® polyester, 16% polyester, 36% Cotton, 2% LYCRA®
spandex, 4% other fiber exclusive of elastic
CHATTER CHATTER
I am happy to report that these are great! – Pat Guyton
W.O.W. and I mean WOW! ... These REALLY WORK! Thank you! – Anon
I’ve been wearing these all day teaching Pilates, Barre and TRX and
these are the best that I’ve tried! - Alaya
SALE PRICE No
SPECIAL PRICE FROM DATE No
SALE PRICE No
PRICE VIEW N/A
Reviews
SHASHI CUSTOMER CARE THE RUNNING DOG NEWSLETTER

About SHASHI My Orders WHOLESALE MEDIA
email@example.com
Advantage Policies Become a Retailer Press
Studio to Street Care & Content Distributors FIND A STORE
Contact Us Size Guide Country Name
List of Stockist
2017 SHASHI. All Rights Reserved. cs@shashionline.com 561.447.8800
http://www.shashionline.com/classic/classic-regular-toe.html 2/2
4/16/2018
Case TwinkleEntered
9:18-cv-80496-RLR Document 1-2 in STAR SHASHI Cool Feet
Docket
EVERYDAY FREE SHIPPING FOR ALL DOMESTIC ORDERS OVER $45
Login Register Shopping Bag 0
ABOUT SHASHI SHOP STUDIO TO STREET
Home / Star / STAR Regular Toe
STAR REGULAR TOE

$18.00
IN STOCK
SKU: START
COLOR:
SELECT SIZE
Choose An Option... Size Guide
SELECT QUANTITY
ADD TO CART
ADD TO WISHLIST
SHARE:
DESCRIPTION
ADDITIONAL INFORMATION
Description
TWINKLE in STAR
Stunning sparkle adorns the tops of these fabulous SHASHI socks for a winning combination of performance and playfulness that delights every moment!
The STAR Regular Toe sock is an irresistible part of any studio routine and also makes an elegant transition from the studio to the street.
STAR Regular Toe socks have the following unique features:
http://www.shashionline.com/star/star-regular-toe.html 1/2
4/16/2018
Case TwinkleEntered
9:18-cv-80496-RLR Document 1-2 in STAR SHASHI Cool Feet
Docket
Mesh top panel for aeration and exceptional style
Coolmax® moisture-wicking fabric to keep your feet dry
Left- and right-foot design for a more comfortable t
Large, slip-resistant grips
Packaged in a mesh pouch for convenient storage
Additional Information
WHATS YOUR PASSION? Barre

Pilates
Megaformer workouts
Yoga
Martial Arts
Physical therapy/rehabilitation
CARE & CONTENT CARE

To keep SHASHI socks in the best possible condition, please follow the
care instructions.
• Machine wash warm inside out
• Gentle cycle
• Line dry
• Do not bleach
• Do not iron
• Do not dry clean
CONTENT
42% COOLMAX® polyester, 16% polyester, 36% Cotton, 2% LYCRA®
spandex, 4% other fiber exclusive of elastic
CHATTER It’s been such a joy to see SHASHI socks displayed in studios all over
the country whenever I visit!- Amy Weber
Everyone is loving SHASHI socks in our studio! – La Barre
We just unpacked the box and we have sold out! - Lagree Studio
Canada
Working out made prettier with SHASHI socks – Transform Pilates
SALE PRICE No
SPECIAL PRICE FROM DATE No
SALE PRICE No
PRICE VIEW Price Range
Reviews
SHASHI CUSTOMER CARE THE RUNNING DOG NEWSLETTER

About SHASHI My Orders WHOLESALE MEDIA
email@example.com
Advantage Policies Become a Retailer Press
Studio to Street Care & Content Distributors FIND A STORE
Contact Us Size Guide Country Name
List of Stockist
2017 SHASHI. All Rights Reserved. cs@shashionline.com 561.447.8800
http://www.shashionline.com/star/star-regular-toe.html 2/2
EXHIBIT C

Shashi v. Thirty Three Threads - Complaint

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Case 9:18-cv-80496-RLR Document 1 Entered on FLSD Docket 04/16/2018 Page 1 of 14

UNITED STATES DISTRICT COURT

SHASHI, LLC, a Florida )

Plaintiff, Shashi, LLC (“Plaintiff”), by and through

undersigned counsel, hereby files its Complaint against Thirty

Three Threads, Inc. (“Defendant”) and alleges as follows:

JURISDICTION AND VENUE

1. This is an action for injunctive and other relief under

design patent infringement. This is also an action for injunctive

et seq. (“Lanham Act”), particularly 15 U.S.C. §1125(a), for trade

dress infringement and unfair competition. Plaintiff also asserts

claims in accordance with common law rights, Fla. Stat. §495.161,

for trade dress infringement and unfair competition.

2. This Court has jurisdiction over this action pursuant to

28 U.S.C. §§1331, 1338(a) and 1338(b). This Court also has

jurisdiction pursuant to 15 U.S.C. §1121 and the doctrine of

supplemental jurisdiction, as set forth in 28 U.S.C. §1367.

3. Venue is proper under 28 U.S.C. §§1391(b) the wrongful

acts committed by Defendant occurred in the Southern District of

Florida, and a substantial part of the events or omissions giving

rise to the claim occurred therein, or a substantial part of the

property that is the subject of the action is situated therein.

4. Upon information and belief, jurisdiction is proper in

a. Defendant has operated, conducted, engaged in, or

carried on a business venture in this State, and the

Southern District of Florida, from which this action

arises, within the meaning of Fla. Stat. §48.193(1)(a);

b. Defendant has committed tortious acts within this

State, and the Southern District of Florida, including

the infringement set forth herein, within the meaning of

Fla. Stat. §48.193(1)(b); or

c. Defendant has engaged in substantial and not isolated

activity within this state, and the Southern District of

Florida, within the meaning of Fla. Stat. §48.193(2).

5. Plaintiff is a limited liability corporation organized

6. Upon information and belief, Defendant is a corporation

organized and existing under the laws of the State of California,

and having an address at 1330 Park Center Drive, Vista, California

7. Since approximately November, 2010, Plaintiff has been in

the business of designing, causing to be manufactured, marketing,

promoting, offering for sale, distributing and selling fitness

apparel, namely a proprietary line of fitness socks that are

particularly suited for use during Pilates, yoga, and barre

workouts sold under the registered trademark “SHASHI®”.

8. The SHASHI® socks include a closed or split-toe

configuration, have a unique mesh top panel, and a novel

arrangement of slip-resistant grip dots on the bottom of the sock.

9. Plaintiff has invested considerable time, creative

effort, and resources to create its exclusive and innovative socks,

and develop goodwill in the SHASHI® socks.

PLAINTIFF’S PATENT AND TRADE DRESS RIGHTS

10. Plaintiff is the owner of U.S. Design Patent No. D664,349

as shown and described therein (all collectively hereafter the

“patented design”). Plaintiff is also the owner of U.S. Design

its innovative sock, as shown and described therein (“all

collectively hereafter the “patented design”). See Composite

11. Plaintiff’s unique patented design and appearance in and

of the SHASHI® socks is recognizable as the style and work and

trade dress of Plaintiff. Plaintiff’s trade dress consists of an

overall look or commercial impression resulting from the arbitrary

selection and combination of certain non-functional features,

namely, in an ankle-length grip sock, a semi-opaque or partially

transparent mesh panel disposed on the top surface of the sock

which is made of a sheer fabric dissimilar to that of the remainder