Rothy’s Documents Suit Versus Birdies, Claiming Rival “Blatantly Copied every aspect design” of its Shoe Patterns
- Rothy’s initiated a footwear-centric lawsuit a month, now accusing fellow ballet flat-maker Birdies of preceding “independent product growth,” and instead, “opting to replicate Rothy’s distinctive and innovative merchandise layouts in breach of Rothy’s precious intellectual property rights,” a claim which mirrors one which Rothy’s formerly discriminated against Steve Madden.
- registered in a federal court in Northern California a month, claiming that it has developed a”ravenous following” because of its”exceptional, innovative, sustainable, comfy, and fashionable shoes,” which are produced from recycled materials and are”immediately recognizable” into the public.
- claims its”innovations are the topic of regular copying by people trying to capitalize on its success by illegally imitating its protected merchandise layouts.” One of those imitators? Birdies that Rothy’s alleges has”intentionally replicated nearly every component of its valuable layouts through deliberate patent infringement” after supposedly buying”numerous pairs of its footwear merchandise with the goal of replicating,” and using them”sent to Birdies’ corporate speech in San Francisco.”
- Rothy’s claims utilizing this”Blackbird” fashion shoe –“a pointed-toe slipper cut ballerina apartment with a knitted upper” — which Birdies started selling”in roughly February 2021
- Rothy claims that”at roughly July 2020, Birdies published a colourway routine of its own shoe version’s Swan,’ which seems to have been derived out of a colourway blueprint provided for Rothy’s’Marta Ferri x Rothy’s’ The Horizontal shoes, which was published in October 2019.”
- Before filing suit, also” in a bid to prevent litigation,” Rothy’s claims that on March 9, 2021, it”delivered, through FedEx and E-mail, correspondence telling Birdies of its breach of Rothy’s claimed design patents, asking that Birdies permanently stop all advertisements, advertising, or sale of the infringing merchandise, and asking the parties enter into a dialogue” concerning the alleged breach