September 7, 2010
Re: Notice of Infringement of Trade Dress
Be advised that this firm represents pediped Footwear, LLC, a Nevada limited-liability company (“pediped”). pediped is one of the fastest growing children's footwear companies not only in the United States, but in the world. pediped sells its products in more than 3,000 stores worldwide. pediped's line soft-soled shoes feature distinctive trade dress so consumers can quickly identify or associate the product being purchased being pediped.
Despite the availability of potentially limitless design options, you are marketing your line of soft-soled shoes to directly compete with pediped's line of soft-soled shoes using shoe design and stitching that, in all material ways, copies pediped's well-known and distinctive trade dress (the “Infringing shoes”).
This conduct is likely to confuse consumers, constitutes a willful infringement of pediped's rights in and to its trade dress, constitutes unfair competition and competition, and will, in addition to the harm that pediped may have already incurred, irreparably harm pediped's celebrated brand.
pediped has an established history of aggressively protecting its intellectual property rights. In fact, on June 19, 2008, in Case No. 08 Civ. 3572 (LHT)(THK), which was pending in the United States District Court, Southern District of New York (the “Court”), an Order Granting Preliminary Injunction (the “Order”) was issued in favor of pediped pursuant to which the defendant was, among other things, restrained from using a shoe design similar to the design you are currently sing for your line of soft-soled shoes. After the Court issued the Order, the defendant consented to an entry of a Judgment against it that, for all intents and purposes, resolved the matter. A copy of the Order, along with the exhibits thereto, is enclosed herewith for your review.
Additionally, pediped has aggressively pursued other manufacturers, which efforts have in every instance, resulted in the other manufacturers agreeing to modify their footwear designs and/or packaging.
By this letter, you are instructed to IMMEDIATELY CEASE AND DESIST advertising, selling, and using the Infringing Shoes. we have prepared a specific complaint for this matter at pediped's request and direction. pediped has authorized us to take further action should you fail, prior to 5:00 p.m. Las Vegas, NV time September 29, 2010, to (a) notify us in writing that you are substantially modifying the design and stitching of your soft-soled shoes; (b) provide us the name(s), address(es), phone number(s), and fax number(s) of the suppliers from which you obtain the Infringing Shoes, (c) provide us the name(s), address(es), phone number(s), and fax number(s) of the retailer(s) and wholesaler(s) to which you sold or otherwise provided the Infringing Shoes, and (b) provide us the name(s), address(es), phone number(s), and fax number(s) of the suppliers and or factories from which you obtain and/or receive the (sic) your footwear.
Nothing in this letter is intended to, or should be construed as, a waiver of any of rights and/or remedies that pediped may have against you, all of which are expressly reserved.
In light of the above, you should consider your future actions very carefully.
Enclosures as indicated
cc: pediped Footwear, LLC
[an error occurred while processing this directive]