Rockport Co., Inc. v. Deer Stags, Inc.

65 F. Supp. 2d 189 (1999)

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Rockport Co., Inc. v. Deer Stags, Inc.

United States District Court for the Southern District of New York
65 F. Supp. 2d 189 (1999)

Facts

Rockport Co., Inc. (plaintiff) owned a design patent for the ProWalker World Tour (ProWalker) shoe-upper design. Deer Stags, Inc. (Deer) (defendant) sold the Destination shoe, which Rockport alleged infringed the ProWalker design patent. The ProWalker design patent was composed of drawings showing the shoe upper from various perspectives and showed each of the following features: an elongated heel counter wrapped around the rear of the shoe, located on both sides of the shoe, outlined with a double row of stitching; five eyelets on each side of an eyestay, with the top eyelet placed in a narrow ankle collar; the ankle collar raised at the rear, with a seam on both sides of the raised portion; a gap between the ankle collar and the heel counter; a thin curved panel stitched with a half-moon pattern connecting the bottom portions of the eyestay; and a heel tab that intersected the raised portion of the ankle collar, with a stitch line at the intersection. The Destination shoe had each of these same features. Additionally, the ProWalker patent drawings showed a mudguard wrapped along the sides of the shoe around the front of the shoe in one piece, curving upward and then downward along each side. Also, there was a double layer of the shoe upper that extended from the bottom of the eyestay to a stitch line extending from the heel counter to between the second and third eyelets. The Destination shoe mudguard was broken into several pieces. The smaller piece curved upward and then downward along each side of the shoe. Also, the Destination shoe had a seam extending from the heel counter to between the second and third eyelets.

Rule of Law

Issue

Holding and Reasoning (Keenan, J.)

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