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, BBCs 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 as Exhibit 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 aware 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 counsels 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 infringing 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 part 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 Defendants 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 counsels 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. Francis
Jeffrey E. Francis, BBO #639944
Jfrancis@pierceatwood.com
Joseph Maraia (BB) # 650569)
jmaraia@pierceatwood.com
PIERCE ATWOOD LLP
100 Summer Street
Suite 2250
Boston, MA 02110
(617) 488-8136

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: to any the term of this
patent is 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
Fllld of Classllicnllon Sl!lll'dl .................... 36/112,
3o/ 136, 4, 11.5; 12/142 S, 142 RS; D2/897
D2/tJ48-952
Sec applicution !11c l(x wmpletc search history.
Jlcfl'I'I.'!ICCS Citld
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
I Oil 890 <)tllurio ......................... I 0 I II O<j
111196,1 Bingham, Jr .................... 205;72
911968 Mc1vlorrow ................... 36125 R
I l/1970 Einstein, Jr.
')/ 197 5 Cohen
9!1 977 Senter ............ ............... 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. 12,2013 (45) Date of Patent:
[)260,'117 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.

Primm:t Hxamiuer --- Murie PuttLrsou
(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 Dtawing 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
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
14,254 ,\ 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 Sen it'
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 clal. .............. 446/2Ci
200210 I 6Ci25X 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
00,1XI07 AI* .1/2006 Seatnans ......................... .161.1 R
IJ4X7 ,(> 14 S .1/2004 I.e
200710130797 t\ I 6/2007 Seamans
DIX9,516 S 5/200<1 (Jcbhanll
D490,21S S 5/20!H (iebhardl
FOREIGN PATENT DOCUMENTS
D49S,03S S 11/2004 Gebhard!
CN 2761006 y 312006
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
U.S. Patent Feb. 12, 2013 Sheet 3 of 4
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
RELATED Al'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 nflhc 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 with a mnld1.'d shoe, as described
lwrcin. Tho methods 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 nL'<:d exists to make n three dimension animal!
character shoe !hut abo makes imprints.
15 the bottom surHKc 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 stopping on 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., that lhrm a print (e.g., un unimal print, which 311
include animal {(Jot prints or animal tratks), 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, 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 linm
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 of tlK upper rclntcs to, corrc;;pnnds to, or oth-
erwise correlates with the print of the imprinting surlhcc. The
molckd 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 2 mm nnd 5 mm) 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 embodiments of the inven-
tion, ns illustrated in the accompanying drawings in which
like rclcrence dliil'llctcJ> refer to the same parts throughout
the dill'c:rent vilws. '!'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 l'euturing
:111 alligator.
FIG. 3!\-1 C arc schematic dmwings of a side view, boll om
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
view aml:1 back view, respectively, of a mokkd featuring
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
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.
tops ol'tlw shoe, silks nl'ihe shoo, the hack oflhc 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 g.round 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 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.
scnlt!s, nose, teeth, grass, toes, feet, cars, fllr. mouth,
claws m any combination thereof. 1>5 walking. Another portion of 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 tho invention includes the three dimensional
llgtuc (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 bmk of the 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 of the present inven
lion includes !l sole hnving n botlnm 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
in elude using the likeness of a person including Hunnus per
sons. The thrcc-dinKnsinnal llgurc of the upper imludcs three
dimcnsinnal 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 variety ot'items 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
lluther ineludc openings e.g., to accentuate the animal pal! ern
such as the wing pattll'll.
The shoe shown in the ligurc is n llmvcvcr, the shoe
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 tlmc 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
The pmjLx,tions und recess()> (e.g., indentations) on thcsnlc
arc deep enough to make un imprint on a surlhcc. In <111
embodiment, the projections, rcLcsSL'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 htycr) 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 as com
pared to two dimensional 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 be 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 characllr). ()5
1\xampks 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 Judy hugs 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 613, 6C, and 61) nf FIGS. 213, :m, 1111d 413,
I'L'SJll'clively). Other animal !igUI'l'S that form the imprinting
o\lrlhce or the present invention include animal symbols,
(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 nonrepetitive. 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. 2A2C. 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 surllKc of
sole 613 has a series of contours that lcm11 alligator feet and lily
pads.
Similarly, FICJS. 3A-C shows the plastic molded IJog 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 lht, 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 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 tiom 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., nom 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 tiom 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 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
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 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 relcrcnce
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 invention has been particuk1rly shown and
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 nom n molded lllnterial.
2. The shoe of claim 1, wherein the sole lws a bottom
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 and
recesses thul limn a three-dimensional animal lignre
with onl! or more lcaturcs. whLrein thc upper, having the
sides, tho toe portion and the thtce-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 Jiom
molded plastk; and the animal figure on the sur-
lilce oft he upper relates to tlw animal print oftlw uninwl
imprinting surlhce.
4. The molded shoe of claim :I. wherein the materialorthe
molded shoe is molded plastic that is made lrom re<.oyded
plastic.
5. The lllLllded shneofclaim J, 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-
ing. surlhce lws pro.i<.'ctinns, recesses, or both that have a dr.jllh
that 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 the back of the ankle. wherein the 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 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' prnjcltions 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

one or more reatures nrc a piece substantially formed
tiom 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
surlhce that includ"s dirt. mud, saud or cluy.
13. A shoe that comprises:
a. a sole; und
8
h. till 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 single pkoL substantially formed lhHn a mokkd 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 imprinting surliteL'.
IS. The shoe of claim 13. wherein the three dimensional
figure comprises a 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: Rusnul,:, Newburyport, MA (US)
(73) Assignee: Polliwnll>s, Inc .. Sudbury. l'v!A (US}
( *) Notkc: Subjed to any 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) 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.
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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
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(Continued)
FOREIGN PATENT DOCUMENTS
26 I X470 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,
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
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 u snll surlhcc, and the three dimensional llgut'e on
the 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
fium: 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
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US 8,371,044 B2
Page 2
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CN
I'R
\VO
wo
276l001i y
2343395
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\\'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
~ I
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
~ I
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 US 8,371,044 B2
U.S. Patent Feb. 12, 2013 Sheei 8 of 13 US 8,371,044 B2
52 A
FIG. 5E
U.S. Patent Feb. 12, 2013 Sheet 9 of 13 US 8,371,044 B2
U.S. 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 US 8,371,044 B2
U.S. Patent Feb. 12,2013 Sheel 13 of 13
US 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
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 charmter 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 (prll'-
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 n molded 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 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 anlmbodimcnl. 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 I 0 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 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 rcc.esscs that make the imprint
(c..g.., animal imprint) on the bottom surlitcu lift he sole, indc-
tu pcndl)nt of tlw three dimensional ligurc of the upper. In yet
anutlwr embodiment, the prcslnt 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 <: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 the shoe ami stepping on a dry surlacc to make the imprints.
In another cmhodimo:nt. the 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 tlwl form tl threl-dinwnsional figure.
Instead oft he 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 embodinKnt, 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 tlwt Rmn a print to lill'l'l'by form an imprinting sur-
thee, wherein the llgurc on the outer of the toe c:ap
relates to the print ol' the imprinting 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 having u
55 bottom surllwe that comprises a Sl'l'ics ol' 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 Jiom 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
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 reticr to a three dimen-
sional animal (e.g., an inch wonn ora lizard) oralktional
animal (e.g., a treL'JlL'ror tree creeper). 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 thcrlof.
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 to methods of making the
shoe described herein. The methods include injecting molten
plastic into a mold huving:m inverse imuge of the 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, tubber, TPR, PU, PVC, ot a
nalionofany or these mutcriuls tombined 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
The 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 prints of 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 iiom the lbllowiug more
particulnrdescription ofprelcrrcd embodiments oft he inven-
tion, us illustrated in the accompanying drmvings in which
like rclerence churactl111> refer to the same pmts 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. JA-lC are schematic drawings of a side bottom
view and a hack view, respectively, of a molded shoe featuring
a ladybug.
FIG. 21\-2( !Ire schcmatk drawings nf' u side view. bottom
view nnd u hack 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 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 sok 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 portion ol' 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 that elWeJ1> 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
portion of the shoe that cxtmds frnm the wle to the outer, side
40 und h\.'id surlhccs oJ' ohnc. ;\s used herein, I he toe c;tp covers
the toes, and thenutsolc continues the design tlom 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 schematic drawings of a side view, bottom
view and a hack view, respectively, ora molded shoe featuring 45
a duck.
the case in which the shoe includes a toe cup. the shoe can
further inl'lude n modified upper to extend tlom 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 Jiom u sole and toe
into a single piece limned by a molded material. The ligurc
shoes n modified Z-strap upper.
FIG. 58 is a schematic drawing nfn top view of the
dimensional inch wonn shoe of FIG. SA.
FlO. 5C is a drawing of a bottom view showing
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 made from 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 11 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 iiom 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-
tion indudes a sole having a bottom surface. The bottom
sur can be shapc:d such that all OJ' a portion of the surlhcc
comes into cnntm:t with the ground. In the case of a llat shol',
all or substantially all of the 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) oft he shoe comes into contact
with the walking surli1ce. The bollnm surthcc of the mnldLxl
til! shoe of the present inwntion has u series of projcLIions 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. print
1>5 (e.g., animal print) cnn include variety ol'itcms related to the
threl' dimensional llgmc of the upper, e.g .. lilnt pl'ints, tracks,
leaves, animal lily pmls, 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 the 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 recesses Ol' both of the imprint
ing surfltcc have 11 depth that rungcs hl'tween about 2 mm to
about I 0 111111 (e.g .. 111'el'crably b01WL'en about 2 and 5 111111), In
WI embodiment, the surlltte 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 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, n creeper, 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, ankylnsmuus, dimetrodnn.
ammosawus 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 the upper includes three
dimensional charncters having genernl ovcmll fcaturts.
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 further includes an 1il
upper, a toe capand/oroutsole lhatlms an outer surlhce (e.g,
Rcl'ctTing to F!CiS. 1 A-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 thrcc-di-
mensionul figure.ln an cmhodillll'lll, thl' recesses
tll' 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 2 and 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 the foot, and the sides orthe foot. In the case oft he 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 up put' 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 Jiom 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 moldtd
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 integrated intn a
three dimensional animal figure nl'thc upper. The uppur nm
Jluther 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, 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 oft he
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
4.' allow the strap to mnr, easily ml!ttt'.
In an emhudimcnt, till' shoe and the strap is made Jlom
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 oft he present invention cun be li.mnud
into nny animal figure, and some exmnplcs in the
figures include uladybug, n!Ugutor, fiog and duck. Additional
animal f1gurm; can be ltmned as part oft he shoe, as described (o5
hurcin, and they indudc dinosaurs. tigers, lions, snakts, pen
guins, dmgons, girull'cs, elephants, pandas, btm;;, butterflies,
animal imprinting This pnrtkuhtr surlilcc shows
series nf lady hugs on I caws. I lencu, 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
surlhte (see soles 6B, 6C. and 6D of FJCJS. 2B, 313, and 4B.
respectively). Other animal figures, of tlw prustnt 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 the solu relates to
or matelws the animal Jlgure of the upper. For example.
webbed imprinting surlltce with a dtttk 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.
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! recesses 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
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 nom
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
In particular, ttw cup 52;\ includes eyes 60A and 60B,
mouth 58;\ and :mtcnac 62A and 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. n1e recesses nnd that 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 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 Jiont 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 fiom 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 tl11ee-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 outsoks 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 leatutes 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, 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. and other tlwnnoplaslic mnterial arc conl-
mercially nvailahl() lh1111 a numher of retailers including
Dupont.
Injection molding is n 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 the 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 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 llom 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 sllppiug or applying pressure to
!he bottom imprinting surfhcc or the shoe l'renlcs llll 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 that limn the
animal print on the bottom 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 ustr is stepping
to show color. Another embodiment is wetting the bnttnm
sul'illcc of tlw shoe and making prints nn u dry such
that the print can be seen when wet.
10
dimensionnl animal or character having one or
more 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 thcteby nmn un imprinting surlhce, wherein
the llgure on the onter surface of the toe cap relates tn the print
of the imprinting surlhcL'.
I iXEMPI JFICATION
1\xumplc I
3. The shne ofcluim I, wherein the molded material com-
to priscs 1\thykmc Vinyl (EVA), rubber, Thcrmol'lastk
Rubbcr (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. Molten EVA 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.
Snaps or lhstcners, where shown, were added to the strnps 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 or laces.
5. A 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
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 oft he aninwl imprint-
ing surlbce a II ow 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 Jinm 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' the three-dimensional animal ligurc.
Whik this invention hus been purticulmly shown nnd
described with relcrcllC<.s to prdcrred embodiments
it will be understood by those skilled in the !lrt that vnrinus
changes in lhnn and detuils may he made therein without
departing from the scope oft he invention encompassed by the
appended claims.
8. The mokkd shocol'claim7, whcrl'intlw animal imprint-
ing. surltlCC has projections, recesses, or both that lwve n depth
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 oft he
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 that lbrm a three-dimensional figure having
one or more features, wherein the toe cap, sole, the
nutsolc, and the thrcc-dimcnsionul animal or
flg.urc having one or more 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 projections.
or both nfthe toe cup, outsole or both haw a dtpth
that ranges lwtwcen about 2 nun to about 20 111111.
*
JS 44 (Rev. 12/12)
CIVIL COVER SHEET
The 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 OF
THE 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 Liability 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 Veterans 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 IRSThird 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 Original
Proceeding
2 Removed from
State Court
3 Remanded from
Appellate Court
4 Reinstated or
Reopened
5 Transferred from
Another District
(specify)
6 Multidistrict
Litigation
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 IN
COMPLAINT:
CHECK IF THIS IS A CLASS ACTION
UNDER 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 LLP
100 Summer Street, Suite 2250
Boston, MA 02110 Tel: (617) 488-8136
BBC International, LLC and
Family 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 diversity
cases.)
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 jurisdictional
statutes 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 copyright 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 this
district please indicate the title and number of the first filed 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 division do all of the non-governmental parties reside?
Eastern Division 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 Division 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

Polliwalks v. Family Dollar - Complaint

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