New Balance v. Steve Madden - Complaint

Case 1:22-cv-10879 Document 1 Filed 06/07/22 Page 1 of 22
UNITED STATES DISTRICT COURT

DISTRICT OF MASSACHUSETTS
NEW BALANCE ATHLETICS, INC.,
Plaintiff,
1:22-cv-10879
C.A. No. _____________
v.
STEVEN MADDEN, LTD.,
Defendant.
COMPLAINT
1. This is a design patent, trademark infringement, and unfair competition case.
Defendant Steven Madden, Ltd. (“Madden”) has deliberately copied Plaintiff New Balance
Athletics, Inc.’s (“New Balance”) patent-protected 327 model sneaker and traded off of New
Balance’s design, goodwill, and reputation.
2. As described more fully below, New Balance launched its 327 model sneaker (the
“327”) bearing a novel and distinctive design in 2020. The 327 (pictured on the left, below)
quickly became one of New Balance’s most popular and best-selling shoe models.
3. Upon information and belief, in late 2020 or early 2021, Madden launched its
“Chasen” model sneaker (pictured on the right, below)—a deliberate knock-off intended to free-
ride off of the popularity of New Balance’s 327. Indeed, one need only compare the two shoes
side by side to appreciate the brazen copying in which Madden engaged.
4. Madden’s motive for copying the design of New Balance’s 327 is not difficult to
discern. In the year following its launch, numerous leading fashion news outlets noted both the
commercial and critical success of the 327’s design, which has sold several million pairs, and been
hailed as having conquered the fashion scene.
5. Nor is the practice of copying designs from other companies beyond the norm of
Madden’s behavior. Rather, it appears that copying the designs of other shoe manufacturers is
standard operating procedure for Madden, and it has been sued for misappropriating the creative
designs of competitors more than a dozen times in recent years. This is yet another example of
Madden stealing the creative work of its competitors and trading off of their goodwill.
PARTIES
6. New Balance Athletics, Inc. is a Massachusetts corporation with its principal
place of business at 100 Guest Street, Boston, Massachusetts 02135.
7. Upon information and belief, Madden is a corporation organized and existing
under the laws of the state of Delaware with a principal place of business at 52-16 Barnett
Avenue, Long Island City, New York 11104.
JURISDICTION AND VENUE
8. This Court has subject matter jurisdiction over these claims pursuant to 15 U.S.C.
§ 1121(a), 28 U.S.C. §§ 1331, 1332(a)(2), 1338(a) and (b), and this Court’s supplemental
jurisdiction under 28 U.S.C. § 1367.
9. New Balance is a citizen of Massachusetts. Madden is a Delaware corporation
and is a citizen of New York. As such, there is complete diversity of the parties. The matter in
controversy exceeds $75,000, exclusive of interests and costs.
10. Upon information and belief, venue is proper in this Court pursuant to 28 U.S.C.
§ 1391(b) and (c) because this is the judicial district where: (i) a substantial part of the events
giving rise to the claims occurred; and (ii) where the Defendant is subject to personal
jurisdiction.
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11. Upon information and belief, Madden regularly solicits and conduct business in
Massachusetts.
12. Madden and its wholly-owned subsidiary, Steven Madden Retail, share officers and
directors, and submit consolidated financial statements to the United States Securities and
Exchange Commission.
13. Madden, through its wholly-owned subsidiary Steven Madden Retail is registered
to conduct business in Massachusetts.
14. Madden, through its wholly-owned subsidiary Steven Madden Retail, operates at
least two retail stores in Massachusetts, including retail stores at 118 Newbury Street, Boston,
Massachusetts 02116, and 551 Assembly Row, Somerville, Massachusetts 02145.
15. Madden, through its wholly-owned subsidiary Steven Madden Retail, operates an
e-commerce website that is accessible throughout the United States, including in Massachusetts.
FACTS
16. New Balance is a private company that was founded in 1906, and headquartered
in Brighton, Massachusetts. Today, New Balance is one of the largest athletic footwear and
apparel companies in the world, offering products in more than 120 countries. It has over 7,000
employees worldwide.
17. Since its earliest days, New Balance has focused on fit and authenticity as its core
brand message. New Balance is one of the few athletic footwear manufacturers to make shoes in
true width sizing, rather than the more common narrow and wide. It is the only major company
that manufactures athletic footwear in factories in the United States. Because of its brand
qualities, New Balance has some of the most brand-loyal customers in the marketplace.
18. New Balance sells a complete line of performance footwear, including running,
walking, hiking, basketball, baseball, soccer, tennis, and golf shoes.
19. New Balance also sells lifestyle footwear that may have some performance
characteristics but are popular because they are fashionable or “on trend.” New Balance’s
footwear in its lifestyle category accounts for more than a billion dollars in annual revenue.
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New Balance’s Intellectual Property
The 327 Design

20. As noted above, New Balance introduced the 327 design in 2020. It is a novel
design that represents a deliberate combination of iconic New Balance silhouettes, design
elements, and materials, and features a novel sole design that curls up the front toe and up the back
of the heel in a distinctive manner with a distinctive pattern of circular treads.
21. The New Balance 327 model is the subject of issued design patents US D932,755
(for “Shoe Sole”) (see Exhibit A) and US D939,813 (for “Outsole”) (see Exhibit B) (together the
“New Balance Design Patents”) that grant New Balance the exclusive rights to elements of the
sole design as shown below in solid lines:
22. The 327 is available in a range of colorways, and is also available in special-edition
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collaborations with well-known third-party designers and brands, including: Staud, Casablanca,
Dao-Yi Chow, Levi’s, and Jolly Rancher. It also is the subject of special-edition collaborations
with New Balance sponsored athletes: NBA All-Star Kawhi Leonard and U.S. Open Champion
Coco Gauff.
23. The 327 was an instant success—after only one year on the market New Balance
sold millions of pairs in 2021.
24. The success of the 327 has been widely acknowledged in the fashion and footwear
media. For example:
 Vogue: the 327 is “conquering the fashion scene” See Exhibit C

(https://www.vogue.fr/fashion/article/trend-sneakers-new-balance-327);
 GQ: “the most desirable new New Balance drop in recent memory—possibly ever—
because it so shamelessly leans into the brand’s rich and coveted history” See Exhibit D
(https://www.gq.com/story/sneaker-of-the-week-casablanca-new-balance-327);
 Sneaker Freaker: New Balance is “absolutely steamrollin’ with the 327 at the moment”
with “killer colabs with fashion’s upper echelons” See Exhibit E
(https://www.sneakerfreaker.com/releases/make-the-new-balance-327-primary-pack-
your-main-focus);
 Footwear News: “When fashion house Casablanca revealed its New Balance collaboration
at Paris Fashion Week in January, the buzz around the athletic brand’s 327 sneaker was
palpable.” See Exhibit F (https://footwearnews.com/2020/focus/athletic-
outdoor/newbalance-327-sneaker-release-date-info-1202977283/).
The N Marks
25. Since the 1970s, New Balance has exclusively used distinctive N marks to
identify its goods. The designs may vary slightly, but an N has appeared on the side of nearly all
New Balance footwear sold for more than forty years. In the aggregate, New Balance has used
an N on more than one billion products sold in the United States.
26. The N Marks are also used in numerous places on or in hundreds of stand-alone
retail stores and third-party footwear and apparel retailers across the United States.
27. In the past three years, New Balance has spent over $1 billion in marketing
worldwide, with a substantial portion of the expenditures being directed to the United States and
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the vast majority used toward marketing and advertising that incorporates the N Marks.
28. New Balance markets its brand in all channels, including television, print, digital,
social media, and at point of purchase. In the past decade, its marketing has made more than one
billion consumer impressions. Its website has more than thirty-five million annual visitors; its
Instagram account has more than six million followers; and its Facebook account has more than
eight million followers. All of these channels prominently feature the N Marks.
29. As a result of its long-standing, exclusive use of the distinctive N Marks in
commerce in connection with footwear (and other goods), New Balance has acquired valid and
strong common law trademark rights.
30. The Federal District Court for the District of Delaware has found the N Marks
famous. See New Balance Athletics, Inc. v. USA New Bunren Int’l Co., 424 F. Supp. 3d 334 (D.
Del. 2019).
31. New Balance owns an incontestable federal registration, U.S. Reg. No. 3,282,106
for the letter N for footwear. See Exhibit G.
32. New Balance also owns an incontestable federal registration, U.S. Reg. No.
1,308,133 for the letter N located on the side of shoe as shown here:
See Exhibit H.
33. N Marks appear on a wide range of New Balance footwear, from performance
footwear to lifestyle footwear. For example:
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Defendant’s Infringing Conduct
34. Upon information and belief, the Madden brand was launched three decades ago
by Steve Madden, a fashion designer and businessman. Among other goods, Madden sells
footwear and apparel.
35. Upon information and belief, Madden’s business is divided into five segments:
Wholesale Footwear; Wholesale Accessories/Apparel; Retail; First Cost; and Licensing. The
Wholesale Footwear segment includes the Madden Girl brand. The Retail segment is comprised
of Madden’s wholly-owned subsidiary Steven Madden Retail, Inc. (“Steven Madden Retail”),
which operates Madden’s retail stores and e-commerce websites.
36. Upon information and belief, Madden began selling its original “Chasen” model
shoe in June of 2021, after New Balance’s 327 shoe design had already achieved significant market
and critical design success and recognition.
37. Upon information and belief, Madden launched the “Chasen” model design
specifically to capitalize on and free-ride off of the success that New Balance had achieved with
its 327 model shoe.
38. The original “Chasen” model shoe sold by Madden beginning in 2021 (the “original
Chasen”) not only slavishly copied the design of the 327 model shoe, including the distinctive
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outer sole design, but it also utilized two diagonal downward stripes that copied the placement and
mimicked the appearance of the two sides of New Balance’s famous “N” mark, as shown below.
39. This is not the first time that Madden has been accused of free-riding off of other
designers’ shoe designs. Indeed, it appears to be a common business strategy for Madden to
identify popular innovative designs and copy them to capitalize on the creativity of other shoe
manufacturers. Madden was sued by Converse, Inc. in 2020 for copying Converse’s Run Star
Hike platform sneaker. It was also sued in 2020 by Deckers Outdoor Corp. for copying Deckers’
UGG Fluff Yeah shoe. The year before, claims were brought against Madden by Rothy’s, Inc. for
copying its “The Point” ballet flat. In fact, since 2006, Madden has been involved in more than a
dozen lawsuits in which it was accused of knocking off popular designs created by other shoe
designers.
40. New Balance learned of Madden’s intention to launch the confusingly similar
“Chasen” shoe even before Madden actually shipped the shoes, and counsel for New Balance
wrote to Madden on April 20, 2021, warning it of the infringement. Because New Balance’s
design patents had not yet issued for the sole design of the 327, New Balance focused on the
confusing similarity between Madden’s use of the downward angled stripes in connection with the
distinctive design in identifying the infringement.
41. In response to the correspondence from New Balance’s counsel, counsel for
Madden sent a letter on May 6, 2021, denying any infringement, but asserting that it intended to
discontinue the original Chasen shoe.
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42. In reliance on representations by Madden’s counsel that Madden would discontinue
selling the Chasen shoe, New Balance did not pursue any legal action at that time.
43. New Balance’s design patents D932,755 and D939,813 issued in October of 2021
and January of 2022. Shortly after the second of these registrations issued, New Balance
conducted an investigation to determine whether Madden had ceased selling the Chasen shoe.
Through that investigation, New Balance learned that Madden was still selling the original Chasen
shoe, as it was being advertised on internet retail outlets, for example on Macy’s website:
(highlighting added).
44. But the investigation revealed more. Madden had not ceased the sale of the original
Chasen shoe, rather it had doubled down and made a minor alteration to the Chasen design (the
“stripeless Chasen”) by removing the downward sloping stripes, and relaunching the same design
that continued to mimic and free-ride off the novel design of New Balance’s 327—including the
outsole upon which design patents had been issued.
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45. As a result, on February 18, 2022, counsel for New Balance wrote to counsel for
Madden, alerting Madden of the continuing sales of the infringing original Chasen shoe, as well
as of the infringing stripeless Chasen shoe, which any ordinary observer would find substantially
the same as the patent-protected New Balance 327 design. New Balance, through counsel,
demanded that Madden cease all marketing and sales of both the original and stripeless Chasen
shoes, issue a recall to retailers so that all inventory could be destroyed, and provide an accounting
of all profits from sales of all Chasen model shoes. Through a series of correspondence, Madden,
through its counsel, refused these demands.
46. There is no question that an ordinary observer of either model of the Chasen shoe
in comparison to the New Balance 327 shoe design, giving such attention that a shoe purchaser
usually gives, would find the two designs to be substantially the same. In addition, Madden’s use
of the two diagonal stripe design in connection with the nearly identical shoe design would cause
confusion for consumers, or cause consumers to assume that the shoe is associated with or
otherwise sponsored by or affiliated with New Balance.
47. Madden and New Balance advertise through overlapping marketing channels
insofar as they use popular magazines and the Internet, including the same social media platforms,
to advertise the relevant goods. In addition, the parties’ relevant goods are routinely the topic of
discussion in the same fashion magazines and on popular fashion websites, blogs, and social media
posts.
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48. Madden and New Balance sell the relevant goods through overlapping sales
channels insofar as they both sell their goods through the same retails stores (e.g., Nordstrom and
Macy’s) and through the Internet.
49. Upon information and belief, like New Balance, Madden is also well-known for its
collaborations with others. Madden’s participation in collaborations significantly increases the
likelihood of consumer confusion concerning an affiliation, connection, or association between
New Balance and Madden because consumers are likely to believe that New Balance authorized
or licensed Madden to use the novel 327 shoe design and its famous N Marks on its shoes. Had
New Balance authorized Madden to design special edition products, it might have been a highly
successful collaboration—like New Balance’s collaborations with J. Crew, Jaden Smith,
Casablanca, Kith, atmos, Louis De Guzman, Todd Snyder, and others. New Balance, however,
never authorized or licensed Madden to use its patented designs or trademarks.
50. As a result of the foregoing, New Balance has suffered and will continue to suffer
irreparable harm and monetary harm in an amount to be determined at trial.
COUNT I
(Design Patent Infringement—35 U.S.C. § 271)
(U.S. Patent No. D932,755)
51. New Balance repeats and realleges the allegations contained in paragraphs
1 through 50 above as if fully set forth herein.
52. New Balance is the owner of the entire right, title, and interest in the issued design
patent U.S. Patent No. D932,755 for “Shoe Sole” (the “’755 Patent”) and possesses all rights of
recovery under the ’755 Patent, including the right to recover damages.
53. The ’755 Patent was duly and lawfully issued by the United States Patent and
Trademark Office on October 12, 2021.
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54. Madden, alone or in concert with others, has been and now is infringing New
Balance’s ’755 Patent in violation of 35 U.S.C. § 271 by making, using, selling, and offering for
sale, products embodying New Balance’s patented design for such products, and will continue to
do so unless enjoined by the Court.
55. Madden’s infringing acts include making, using, selling, offering to sell, and
importing products covered by the ’755 Patent including, but not limited to, the original Chasen
shoe and the stripeless Chasen shoe.
56. Upon information and belief, Madden has sold, made offers to sell, continues to
sell, and/or offers to sell products infringing the ’755 Patent throughout the United States and
elsewhere, including within Massachusetts.
57. New Balance has been damaged by Madden’s infringement in an amount to be
determined at trial and has no adequate remedy at law.
58. Upon information and belief, Madden’s infringing products were copied from New
Balance’s 327 shoe, covered by the ’755 patent. Upon further information and belief, Madden’s
infringement of the ’755 Patent is willful and deliberate.
COUNT II
(Design Patent Infringement—35 U.S.C. § 271)
(U.S. Patent No. D939,813)
60. New Balance is the owner of the entire right, title, and interest in the issued design
patent U.S. Patent No. D939,813 for “Outsole” (the “’813 Patent”) and possesses all rights of
recovery under the ’813 Patent, including the right to recover damages.
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61. The ’813 Patent was duly and lawfully issued by the United States Patent and
Trademark Office on January 4, 2022.
62. Madden, alone or in concert with others, has been and now is infringing New
Balance’s ’813 Patent in violation of 35 U.S.C. § 271 by making, using, selling, and offering for
sale, products embodying New Balance’s patented design for such products, and will continue to
do so unless enjoined by the Court.
63. Madden’s infringing acts include making, using, selling, offering to sell, and
importing products covered by the ’813 Patent including, but not limited to, the original Chasen
shoe and the stripeless Chasen shoe.
64. Upon information and belief, Madden has sold, made offers to sell, continues to
sell, and/or offers to sell products infringing the ’813 Patent throughout the United States and
elsewhere, including within Massachusetts.
65. New Balance has been damaged by Madden’s infringement in an amount to be
determined at trial and has no adequate remedy at law.
66. Upon information and belief, Madden’s infringing products were copied from New
Balance’s 327 shoe, covered by the ’813 Patent. Upon further information and belief, Madden’s
infringement of the ’813 Patent is willful and deliberate.
COUNT III
(Trademark Infringement—15 U.S.C. § 1114)
(The N Marks)
68. As described above, New Balance owns the distinctive and federally registered N
Marks as depicted in at least U.S. Reg. Nos. 3,282,106 and 1,308,133.
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69. New Balance’s ownership and exclusive use in commerce of the N Marks predates
the use by Madden of the downward sloping stripes on the original Chasen copy of the 327 design
of footwear.
70. Upon information and belief, Madden’s conduct is willful and intentional and
intended to free-ride off the goodwill associated with the N Marks. Madden is and was at all
relevant times both actually and constructively aware of New Balance’s prior use, ownership, and
registration, and Madden’s conduct is therefore also willful and intentional.
71. Madden uses the confusingly similar design on the original Chasen shoes in
interstate commerce in connection with the sale, offering for sale, distribution, and/or advertising
of its footwear.
72. Madden’s use in commerce of the confusingly similar striped design in connection
with copied footwear, as described above, constitutes infringement of at least the trademarks that
are the subjects of U.S. Reg. Nos. 3,282,106 and 1,308,133, in violation of 15 U.S.C. § 1114, in
that it is without New Balance’s consent and is likely to cause confusion, mistake, and/or deception
among consumers.
73. As a direct and proximate result of Defendant’s violations of 15 U.S.C. § 1114,
New Balance has been and will continue to be damaged.
74. Upon information and belief, Madden has realized, and continue to realize,
substantial revenues, profits, and other benefits rightfully belonging to New Balance as a result of
its wrongful conduct.
75. Madden’s conduct is causing and will continue to cause New Balance to suffer
irreparable harm and, unless Madden is restrained, New Balance will continue to be so damaged,
because it has no adequate remedy at law.
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COUNT IV
(False Designation of Origin—15 U.S.C. § 1125(a))
(The N Marks)
77. As described above, New Balance owns valid and protectable rights in the
distinctive N Marks for footwear.
78. New Balance’s ownership and exclusive use in commerce of the N Marks for
footwear predates the use by Madden of its striped design on the original Chasen shoe design
copied from the 327 footwear.
80. Madden uses the confusingly similar striped design in connection with the copied
original Chasen footwear, as described above, in interstate commerce in connection with the sale,
offering for sale, distribution, and/or advertising of its footwear.
81. Madden’s use in commerce of the confusingly similar striped design in connection
with the original Chasen, as described above, constitutes false designation of origin in violation
of 15 U.S.C. § 1125(a)(1)(A) in that it is likely to cause confusion, to cause mistake, or to deceive
as to the affiliation, connection, or association of Madden with New Balance and/or as to the
origin, sponsorship, or approval by New Balance of Madden’s goods, services, or commercial
activity.
82. As a direct and proximate result of Madden’s violations of 15 U.S.C. § 1125, New
Balance has been and will continue to be damaged.
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COUNT V
(Dilution—15 U.S.C. § 1125(c))
(The N Marks)
86. As described above, New Balance owns the distinctive and federally registered N
Mark as depicted in at least U.S. Reg. Nos. 3,282,106 and 1,308,133.
87. New Balance’s ownership and exclusive use in commerce of the N Marks predates
the use by Defendant of the confusingly similar striped design in connection with the original
Chasen copied footwear.
88. Through consistent and continued use, product promotion, and consumer and
industry recognition, New Balance has developed the N Marks to the point that they are famous.
Madden did not begin using the confusingly similar striped design in connection with the copied
original Chasen footwear, as described above, in commerce until after the N Marks became
famous.
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90. Madden’s use of the confusingly similar striped design in connection with the
copied original Chasen footwear is likely to cause dilution of the distinctive qualities of the N
Mark in violation of 15 U.S.C. § 1125(c).
91. As a direct and proximate result of Madden’s violations of 15 U.S.C. § 1125, New
Balance has been and will continue to be damaged.
COUNT VI
(Trademark Infringement—Mass. Gen. L. C. 110H §§ 11-14, 16)
(The N Marks)
96. New Balance’s ownership and exclusive use in commerce of its N Marks for
footwear predates the use by Defendant of the confusingly similar striped design in connection
with the copied original Chasen footwear.
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registration of the N Marks, and Madden’s conduct is therefore also willful and intentional.
98. Madden’s adoption and use of the confusingly similar striped design in connection
with the copied original Chasen footwear in Massachusetts and elsewhere in connection with the
sale, offering for sale, distribution, and/or advertising of its footwear is likely to cause confusion
among relevant consumers.
99. Madden’s use of a confusingly similar mark, as described above, constitutes
trademark infringement in violation of Mass. Gen. Laws ch. 110H §§ 12 and 14 in that it is without
New Balance’s consent and is likely to cause confusion, mistake, and/or deception among
consumers, all to the irreparable injury of New Balance and the goodwill it has developed in the
N Marks.
100. As a direct and proximate result of Madden’s violations of Mass. Gen. Laws ch.
110H §§ 12 and 14, New Balance has been and will continue to be damaged.
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COUNT VII
(Massachusetts Statutory Dilution—Mass. Gen. L. C. 110H § 16)
(The N Marks)
105. New Balance’s ownership and exclusive use in commerce of its N Marks for
footwear predates the use by Madden of the confusingly similar striped design in connection with
the copied original Chasen footwear.
registration of the N Marks, and Madden’s conduct is therefore also willful and intentional.
107. Madden’s adoption and use of the confusingly similar striped design in connection
with the copied original Chasen footwear as described above, constitutes statutory dilution in that
it is without New Balance’s consent and has created and will continue to create a likelihood of
injury to New Balance’s reputation and/or a likelihood of dilution of the distinctive quality of the
N Marks in violation of Mass. Gen. Laws ch. 11H § 13.
108. As a direct and proximate result of Madden’s dilution of the N Marks, New Balance
has been and will continue to be damaged.
irreparable harm and, unless Madden restrained, New Balance will continue to be so damaged,
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PRAYER FOR RELIEF
WHEREFORE, New Balance respectfully requests the following relief:
A. That this Court enter judgment that: (i) Madden has infringed the ’755 Patent in
violation of 35 U.S.C. § 271; (ii) Madden has infringed the ’813 Patent in violation of 35 U.S.C.
§ 271; (iii) Madden has infringed the N Marks in violation of 15 U.S.C. § 1114; (iv) Madden’s use
of the confusingly similar striped design in connection with the copied original Chasen footwear
constitutes false designation of origin in violation of 15 U.S.C. § 1125; (v) Madden has diluted the
N Marks in violation of 15 U.S.C. § 1125(c); (vi) Madden has infringed the N Marks in violation
of Mass. Gen. L. C. 110H §§ 11-14, 16; (vii) Madden has diluted the N Marks in violation of Mass.
Gen. L. C. 110H § 16; and that all of the foregoing wrongful activities by Madden were willful;
B. That this Court enjoin Madden, its employees, agents, servants, and all in privity or
acting in concert with any of them, from using any design, or any derivative(s) thereof that
infringes the ’755 Patent, in commerce on or in connection with Madden’s footwear;
C. That this Court enjoin Madden, its employees, agents, servants, and all in privity or
acting in concert with any of them, from using any design, or any derivative(s) thereof that
infringes the ’813 Patent, in commerce on or in connection with Madden’s footwear;
D. That this Court enjoin Madden, its employees, agents, servants, and all in privity or
acting in concert with any of them, from using the N Marks, or any derivative(s) thereof or any
design(s) confusingly similar thereto, in commerce on or in connection with Madden’s footwear;
E. That this Court enter an injunction against further infringement and dilution of the
N Marks, further false designation of origin concerning the N Marks, and further unfair
competition and unfair or deceptive acts or practices related thereto, by Madden and its employees,
agents, servants, and all in privity or acting in concert with any of them, including at least from
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selling, offering to sell, distributing, importing, or advertising the infringing products, or any other
apparel products that use a copy, reproduction, or colorable imitation of the N Marks;
F. That this Court enter an order recalling all of Madden’s footwear products that
infringe the ’755 and/or ’813 Patents presently manufactured, sold, and/or distributed, and
providing for a full refund for all recalled infringing products
G. That this Court enter an order recalling all of Madden’s footwear products bearing
the N Marks, or any design confusingly similar thereto, presently manufactured, sold, and/or
distributed, and providing for a full refund for all recalled infringing products;
H. That this Court enter an order directing the destruction of: (i) all infringing
products, including all recalled infringing products; (ii) any other footwear products that use a
copy, reproduction, or colorable imitation of the N Marks in Madden’s possession or control;
(iii) all advertising materials related to the infringing products in Madden’s possession, custody,
or control, including on the Internet, pursuant to at least 15 U.S.C. § 1118;
I. That this Court award New Balance damages adequate to compensate New Balance
for the patent infringement that has occurred pursuant to 35 U.S.C. § 284, or an award of Madden’s
profits from its patent infringement pursuant to 35 U.S.C. § 289, together with prejudgment interest
and costs and reasonable attorneys’ fees, pursuant to 35 U.S.C. §§ 284 and 285;
J. That this Court require an accounting of profits by Madden;
K. That this Court award New Balance Madden’s profits, New Balance’s actual
damages, enhanced damages, exemplary damages, costs, prejudgment and post judgment interest,
and reasonable attorneys’ fees pursuant to at least 15 U.S.C. §§ 1114(1), 1125(a), 1125(c), 1116,
and/or 1117, and Mass. Gen. L. C. 110H §§ 11-14, 16; and
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L. That this Court award New Balance such other and further relief that this Court
deems just and proper.
JURY DEMAND
New Balance demands a trial by jury of all claims so triable.
****
Respectfully submitted,
NEW BALANCE ATHLETICS, INC.

By its attorneys,
/s/ R. David Hosp

ORRICK, HERRINGTON & SUTCLIFFE LLP
R. David Hosp (BBO# 634091)
Mark S. Puzella (BBO# 644850)
Sheryl K. Garko (BBO# 657735)
Laura B. Najemy (BBO# 678756)
222 Berkeley Street
Boston, MA, 02116
Telephone: 617.880.1800
dhosp@orrick.com
mpuzella@orrick.com
sgarko@orrick.com
lnajemy@orrick.com
Dated: June 7, 2022
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Case 1:22-cv-10879 Document 1-1 Filed 06/07/22 Page 1 of 11
EXHIBIT A
USOOD9327555
( 12 ) Lee
United States Design Patent (((4510)) Date
PatentofNoPatent
.: : US D932,755 S
Oct. 12 , 2021
( 54 ) SHOE SOLE 2,578,681 A 12/1951 Everston
3,217,430 A 11/1965 Novick
( 71 ) Applicant: New Balance Athletics , Inc. , Boston , 4,249,321 A 2/1981 Nagy
MA (US ) 4,578,882 A 4/1986 Talarico , II
4,620,376 A 11/1986 Talarico , II
4,631,842 A 12/1986 Koskela
( 72 ) Inventor: Charlotte Lee , Manchester (GB ) 4,756,097 A 7/1988 Sanders
4,794,705 A 1/1989 Sanders
( 73 ) Assignee : New Balance Athletics , Inc. , Boston , 4,939,853 A 7/1990 Farbman
MA (US) D317,822 S 7/1991 Dahlsten et al .
D320,688 S 10/1991 McKinstry
D329,530 S 9/1992 Bailey
( ** ) Term : 15 Years
(Continued )
( 21 ) Appl. No .: 29 /778,071 FOREIGN PATENT DOCUMENTS
(22) Filed : Apr. 9, 2021 AT 500760 A2 3/2006
AU 2006310783 Al 5/2007
Related U.S. Application Data (Continued )
( 63 ) Continuation of application No. 29/ 743,796 , filed on Primary Examiner T Chase Nelson
Jul. 24 , 2020 . (74 ) Attorney, Agent, or Firm — Goodwin Procter LLP
( 51 ) LOC ( 13 ) CI . 02-04
( 52 ) U.S. CI.
USPC D2 /947; D2 / 953 ( 57 ) CLAIM
( 58 ) Field of Classification Search The ornamental design for a shoe sole , as shown and
USPC D2 / 902 , 906 , 908 , 916 , 918 , 925 , described .
D2 / 946–962 , 977 ; 36/3 B , 22 R , 24.5 ,
36/25 R , 28 , 32 R , 34 R , 59 C , 67 A , 103
CPC A43B 13/00 ; A43B 13/02 ; A43B 13/023 ; DESCRIPTION
A43B 13/026 ; A43B 13/04 ; A43B 13/08 ;
A43B 13/10 ; A43B 13/12 ; A43B 13/14 ; FIG . 1 is a lateral side view of the shoe sole ;
A43B 13/141 ; A43B 13/143 ; A43B FIG . 2 is a top view thereof;
13/16 ; A43B 13/18 ; A43B 13/181 ; A43B FIG . 3 is a medial side view thereof;
13/187 ; A43B 13/189 ; A43B 13/20 ; A43B FIG . 4 is a front view thereof;
13/22 ; A43B 13/223 ; A43B 13/24 ; A43B FIG . 5 is a rear view thereof;
13/28 ; A43B 13/30 ; A43B 13/32 ; A43B FIG . 6 is a front perspective view from the lateral side
13/34 ; A43B 13/36 thereof; and ,
See application file for complete search history. FIG . 7 is a rear perspective view from the lateral side
thereof.
( 56 ) References Cited Short, broken lines shown in the drawings of the shoe sole
U.S. PATENT DOCUMENTS illustrate the environment of the claimed design or stitching
and form no part of the claimed design .
2,522,830 A 9/1950 Leganger-Krogstad
2,523,221 A 9/1950 Maloy 1 Claim , 7 Drawing Sheets
US D932,755 S
Page 2
( 56 ) References Cited D586,995 S

D587,883 S
2/2009 Chen
3/2009 Beauger
U.S. PATENT DOCUMENTS D591,938 S 5/2009 Beauger
D595,488 S 7/2009 Banik et al.
D330,968 S 11/1992 Smith , III D597,293 S * 8/2009 Banik D2 /969
D341,926 S 12/1993 Ryder et al . D599,091 S * 9/2009 Della Valle D2 /951
D341,928 S 12/1993 Earle D613,042 S * 4/2010 Andreassen D2 /902
D347,724 S 6/1994 Teague D613,483 S 4/2010 Della Valle
D351,723 S 10/1994 Bevier D632,475 S 2/2011 Richard
D355,756 S 2/1995 Vestuti D635,340 S * 4/2011 Blakeslee D2 /946
5,469,642 A 11/1995 Farbman D636,156 S 4/2011 Della Valle et al .
D376,683 S 12/1996 Gaudio et al . D636,572 S 4/2011 Della Valle et al .
D385,989 S 11/1997 Feller D637,803 S * 5/2011 Alvear D2 /954
D395,540 S 6/1998 Gaudio 8,069,585 B2 12/2011 Rohwer -Kahlmann
D410,140 S 5/1999 Joseph D656,720 S 4/2012 Wawrousek
D441,945 S 5/2001 Della Valle D661,071 S 6/2012 Della Valle et al .
D445,561 S 7/2001 Bramani D663,517 S 7/2012 Della Valle et al .
D446,635 S 8/2001 Pollastrelli D665,158 S * 8/2012 Castellon D2 /970
D448,544 S 10/2001 Della Valle D667,210 S * 9/2012 Castellon D2 /970
D458,443 S * 6/2002 Matis D2 /908 D682,515 S ** 5/2013 Valle D2 /908
D467,061 S 12/2002 Della Valle D689,274 S 9/2013 Valle D2 /953
D468,086 S 1/2003 McDowell D696,003 S 12/2013 Behar D2 /947
D470,296 S 2/2003 Masullo D698,535 S 2/2014 Principato A43D 1/025
D472,037 S 3/2003 Masullo D2 /916
D472,369 S 4/2003 Masullo D707,430 S 6/2014 Feeney et al .
D473,044 S 4/2003 McDowell 8,756,834 B1 * 6/2014 Halberstadt A43B 13/04
D478,414 S 8/2003 Robinson , Jr. et al . 36/59 R
D487,837 S 3/2004 McClaskie D707,928 S * 7/2014 Castellon A43B 5/08
D487,838 S 3/2004 McClaskie D2 /947
D490,223 S 5/2004 McClaskie D707,939 S 7/2014 McCourt
D492,101 S 6/2004 Issler D726,998 S 4/2015 Mochen
D493,275 S 7/2004 Koyess et al . D738,602 S * 9/2015 Qin D2 /961
D495,861 S * 9/2004 Georgiou D2 /947 D760,482 S * 7/2016 Siegel D2 /916
D498,902 S * 11/2004 Adams D2 /947 D760,483 S * 7/2016 Siegel A43B 7/12
D500,190 S 12/2004 Della Valle D2 /954
D504,555 S 5/2005 Urie D782,171 S 3/2017 Della Valle et al .
D504,758 S 5/2005 Sonnergren D782,793 S 4/2017 Truelsen D2 /954
D509,646 S 9/2005 Della Valle et al . D783,955 S * 4/2017 Fullerton D2 /916
D511,037 S 11/2005 Della Valle D793,681 S 8/2017 Lombardi D2 /954
D511,611 S 11/2005 Della Valle D794,293 S ** 8/2017 Robusti D2 /954
D513,361 S 1/2006 Teriatnikov D805,751 S 12/2017 McCullagh D2 /953
D514,291 S 2/2006 Whiteman et al . D811,060 S 2/2018 Rockensuess D2 /961
D515,293 S * 2/2006 Maguire D2 /961 9,907,365 B2 3/2018 Downing B23K 26/382
D515,299 S 2/2006 Burg D2 /947
D516,780 S 3/2006 Della Valle D819,944 S 6/2018 Martin
D516,781 S 3/2006 Ardissono et al . D838,902 S 1/2019 Suzuki
D524,017 S 7/2006 Burg D838,957 S 1/2019 Robusti
D530,893 S 10/2006 Sonnergren D844,953 S *
4/2019 Chen A43B 13/184
D535,812 S 1/2007 Matis et al . D850,088 S 6/2019 Young
D538,013 S * 3/2007 Della Valle D2 /902 D853,690 S 7/2019 Taylor
D538,516 S * 3/2007 Della Valle D2 /902 D870,442 S 12/2019 Robusti
D541,510 S 5/2007 McClaskie D874,108 S 2/2020 Possehl
D548,435 S 8/2007 McClaskie
D548,437 S 8/2007 McClaskie D881,547 S 4/2020 Robusti
D548,941 S 8/2007 Hulbert D890,500 S 7/2020 Petrie
D549,935 S 9/2007 Schoenborn et al . D891,075 S 7/2020 de Montgolfier G06Q 40/04
D549,937 S 9/2007 Matis et al . 36/4
D549,938 S 9/2007 Belley et al . D909,719 S 2/2021 Durflinger
D549,939 S 9/2007 Schoenborn et al . D909,725 S 2/2021 Raleigh A43B 13/183
D551,435 S 9/2007 Belley et al . D2 /954
D552,835 S 10/2007 Belley et al . D910,984 S 2/2021 Petrenka al .
D554,335 S * 11/2007 Belley D2 /953 D911,001 S *
2/2021 Lesecq D2 /956
D560,053 S 1/2008 McClaskie D919,270 S 5/2021 Berny A43B 21/433
D560,889 S 2/2008 Weisbly D2 /954
D563,634 S 3/2008 Della Valle 2003/0115691 A1 * 6/2003 Mukherjee A43B 3/0078
D563,636 S 3/2008 Matis et al . 12/142 C
D564,739 S 3/2008 Belley et al . 2007/0227039 A1 * 10/2007 Chaney A43B 5/08
D566,936 S 4/2008 Schoenborn et al . 36/15
D570,086 S 6/2008 McDowell
D572,447 S 7/2008 Schoenborn et al . 2008/0201981 A1 * 8/2008 Halberstadt G06Q 40/04
D572,898 S 7/2008 Stauffer 36/4
D577,179 S 9/2008 Della Valle 2008/0209765 A1 9/2008 Rohwer -Kahlmann
D577,180 S 9/2008 Della Valle 2008/0289219 A1 * 11/2008 Nakano A43B 21/433
D577,181 S 9/2008 Della Valle 36/88
D578,281 S 10/2008 Duffy 2010/0199523 A1 * 8/2010 Mayden A43B 13/183
D580,152 S 11/2008 Duffy 36/103
D586,095 S 2/2009 Duffy 2012/0304495 A1 * 12/2012 Brabson A43B 7/12
D586,097 S 2/2009 Duffy 36/87
US D932,755 S
Page 3
( 56 ) References Cited CA 117737 A 4/1909

CA 120428 A 9/1909
U.S. PATENT DOCUMENTS CA 120466 A 9/1909
CA 123087 A 1/1910
2015/0351487 Al * 12/2015 Lukongwa A43B 5/02 CA 123090 A 1/1910
36/97 CA 125768 A 5/1910
2015/0351493 A1 * 12/2015 Ashcroft A43D 1/025 CA 130173 A 12/1910
36/132 CN 101208021 A 6/2008
2016/0135537 A1 * 5/2016 Wawrousek A43B 5/02 CN 203087690 U 7/2013
CN 112293853 A 2/2021
D2 /954 DE 2550616 A1 5/1976
2016/0295959 A1 * 10/2016 Dyer A43B 13/184 DE 2828561 A1 1/1980
2018/0289098 A1 * 10/2018 Downing A43B 13/122 DE 202006016418 U1 2/2008
2019/0053571 A1 * 2/2019 Bjornson A43B 9/18 EP 0162901 A1 12/1985
2019/0239596 A1 * 8/2019 Ploem A43B 9/18 EP 1947969 A1 7/2008
2021/0212410 A1 * 7/2021 Hatfield A43B 13/122 JP 2009514579 A 4/2009
JP 5021664 B2 9/2012
FOREIGN PATENT DOCUMENTS KR 20110032512 A 3/2011
KR 2013-0021852 A 3/2013
CA 109146 A 12/1907 KR 101303025 B1 9/2013
CA 109161 A 12/1907 KR 20180002406 A 1/2018
CA 111121 A 3/1908 SE 7512774 L 5/1976
CA 111181 A 4/1908 TW 200733905 A 9/2007
CA 113261 A 7/1908 WO WO - 85 / 02327 A1 6/1985
CA 115387 A 12/1908 WO WO - 2007051539 A1 5/2007
CA 117123 A 3/1909
CA 117679 A 4/1909
CA 117682 A 4/1909 * cited by examiner
U.S. Patent Oct. 12. 2021 Sheet 1 of 7 US D932,755 S
1
1
FIG . 1
33
FIG.2
FIG . 3
14
FIG . 4 :
it
FIG . 5
FIG . 6
***
}
+
}
1
1
FIG : 7
EXHIBIT B
USOOD939813S
( 12 ) Lee
United States Design Patent (((4510)) Date
PatentofNoPatent
.: : US D939,813 S
Jan. 4, 2022
( 54 ) OUTSOLE 2,578,681 A 12/1951 Everston
3,217,430 A 11/1965 Novick
( 71 ) Applicant: New Balance Athletics , Inc. , Boston , 4,249,321 A 2/1981 Nagy
MA (US ) D266,455 S 10/1982 Famolare, Jr.
4,578,882 A 4/1986 Talarico , II
( 72 ) Inventor: Charlotte Lee , Manchester (GB ) ( Continued )
( 73 ) Assignee : New Balance Athletics , Inc. , Boston , FOREIGN PATENT DOCUMENTS
MA (US ) AT 500760 A2 3/2006
AU 309416 A 9/2006
( ** ) Term : 15 Years
(Continued )
( 21 ) Appl. No .: 29 /778,041
OTHER PUBLICATIONS
(22 ) Filed : Apr. 9 , 2021 MS32V1 , New Balance.com , [ online ], < URL : https: //www.newbalance.
Related U.S. Application Data com /pd /ms327v1 /MS327V1-36624.html > ( Year: 2021 ) .
( 63 ) Continuation of application No. 29/ 743,796 , filed on (Continued )
Jul. 24 , 2020 .
Primary Examiner T Chase Nelson
( 51 ) LOC ( 13 ) CI . 02-04
(74 ) Attorney, Agent, or Firm — Goodwin Procter LLP
(52) U.S. CI.
USPC D2 /947 ; D2 / 951 ; D2 / 954 ( 57 ) CLAIM
( 58 ) Field of Classification Search
USPC D2 / 902 , 906 , 908 , 916 , 918 , 925 , The ornamental design for an outsole , as shown and
D2 / 946–962 , 977 ; 36/3 B , 22 R , 24.5 , described .
36/25 R , 28 , 32 R , 34 R , 59 C , 67 A , 103
2 -
??? A43B 13/00 ; A43B 13/02 ; A43B 13/023 ; DESCRIPTION

A43B 13/026 ; A43B 13/04 ; A43B 13/08 ;
A43B 13/10 ; A43B 13/12 ; A43B 13/14 ; FIG . 1 is a lateral side view of the outsole ;
A43B 13/141 ; A43B 13/143 ; A43B FIG . 2 is a top view thereof;
13/16 ; A43B 13/18 ; A43B 13/181 ; A43B FIG . 3 is a medial side view thereof;
13/187 ; A43B 13/189 ; A43B 13/20 ; A43B FIG . 4 is a front view thereof;
13/22 ; A43B 13/223 ; A43B 13/24 ; A43B FIG . 5 is a rear view thereof;
13/28 ; A43B 13/30 ; A43B 13/32 ; A43B FIG . 6 is a front perspective view from the lateral side
13/34 ; A43B 13/36 thereof; and,
See application file for complete search history. FIG . 7 is a rear perspective view from the lateral side
References Cited thereof.
( 56 ) Short, broken lines shown in the drawings of the outsole
U.S. PATENT DOCUMENTS illustrate the environment of the claimed design or stitching
and form no part of the claimed design .
2,522,830 A 9/1950 Leganger -Krogstad
2,523,221 A 9/1950 Maloy 1 Claim , 7 Drawing Sheets
US D939,813 S
Page 2
( 56 ) References Cited D566,936

D570,086
S
S
4/2008
6/2008
Schoenborn et al .
McDowell
U.S. PATENT DOCUMENTS D572,447 S 7/2008 Schoenborn et al .
D572,898 S 7/2008 Stauffer
4,620,376 A 11/1986 Talarico , II D577,179 S 9/2008 Della Valle
4,631,842 A 12/1986 Koskela D577,180 S 9/2008 Della Valle
4,756,097 A 7/1988 Sanders D577,181 S 9/2008 Della Valle
D299,183 S 1/1989 Brown D578,281 S 10/2008 Duffy
4,794,705 A 1/1989 Sanders D579,636 S 11/2008 Graber
D301,385 S 6/1989 Weiner D580,152 S 11/2008 Duffy
4,939,853 A 7/1990 Farbman D586,095 S 2/2009 Duffy
D317,822 S 7/1991 Dahlsten et al . D586,097 S 2/2009 Duffy
D320,688 S 10/1991 McKinstry D586,995 S 2/2009 Chen
D329,530 S 9/1992 Bailey D587,883 S 3/2009 Beauger
D330,968 S 11/1992 Smith , III D591,938 S 5/2009 Beauger
D341,926 S 12/1993 Ryder et al . D595,488 S 7/2009 Banik et al .
D341,928 S 12/1993 Earle D595,945 S 7/2009 Mochen
D347,724 S 6/1994 Teague D597,293 S * 8/2009 Banik D2 /969
D351,723 S 10/1994 Bevier D599,091 S 9/2009 Della Valle et al .
D355,756 S 2/1995 Vestuti D613,042 S 4/2010 Andreassen D2 /902
5,469,642 A 11/1995 Farbman D613,483 S 4/2010 Della Valle
D376,683 S 12/1996 Gaudio et al . D629,185 S 12/2010 Vico et al .
D385,989 S 11/1997 Feller D632,475 S 2/2011 Richard
D395,540 S 6/1998 Gaudio D635,340 S * 4/2011 Blakeslee D2 /946
D410,140 S 5/1999 Joseph D636,155 S 4/2011 Della Valle et al .
D445,561 S 7/2001 Bramani D637,803 S 5/2011 Alvear et al.
D446,635 S 8/2001 Pollastrelli 8,069,585 B2 12/2011 Rohwer -Kahlmann
D448,544 S 10/2001 Della Valle D656,720 S 4/2012 Wawrousek
D458,443 S 6/2002 Matis D2 /908 D661,071 S 6/2012 Della Valle et al .
D468,086 S 1/2003 McDowell D663,517 S 7/2012 Della Valle et al .
D470,296 S 2/2003 Masullo D665,158 S 8/2012 Castellon D2 /970
D472,037 S 3/2003 Masullo D667,210 S *
9/2012 Castellon D2 /970
D472,369 S 4/2003 Masullo D670,070 S 11/2012 Della Valle et al .
D473,044 S 4/2003 McDowell D672,942 S 12/2012 Della Valle et al .
D478,414 S 8/2003 Robinson, Jr. et al. D680,713 S 4/2013 Della Valle et al .
D487,837 S 3/2004 McClaskie D682,515 S 5/2013 Della Valle et al .
D487,838 S 3/2004 McClaskie D689,274 S * 9/2013 Della Valle D2 /953
D490,223 S 5/2004 McClaskie D696,003 S 12/2013 Behar D2 /947
D492,101 S 6/2004 Issler D698,535 S * 2/2014 Principato A43D 1/025
D493,275 S 7/2004 Koyess et al . D2 /916
D495,861 S 9/2004 Georgiou et al . D700,419 S 3/2014 Della Valle et al .
D498,902 S * 11/2004 Adams D2 /947 D702,025 S 4/2014 Della Valle et al .
D500,190 S 12/2004 Della Valle D707,430 S 6/2014 Feeney et al .
D504,555 S 5/2005 Urie 8,756,834 B1 6/2014 Halberstadt et al .
D504,758 S 5/2005 Sonnergren D707,928 S * 7/2014 Castellon A43B 5/08
D509,646 S 9/2005 Della Valle et al . D2 /947
D511,037 S 11/2005 Della Valle D707,939 S 7/2014 McCourt
D513,361 S 1/2006 Teriatnikov D722,759 S 2/2015 Weddle
D513,844 S 1/2006 Robinson , Jr. et al . D726,998 S 4/2015 Mochen
D514,291 S 2/2006 Whiteman et al . D735,455 S 8/2015 Mochen et al .
D515,293 S 2/2006 Maguire D738,602 S 9/2015 Qin
D515,299 S 2/2006 Burg D751,797 S 3/2016 Slimane
D516,780 S 3/2006 Della Valle D758,710 S 6/2016 Bacon
D516,781 S 3/2006 Ardissono et al . D760,482 S * 7/2016 Siegel D2 /902
D524,017 S 7/2006 Burg D760,483 S * 7/2016 Siegel A43B 7/12
D530,893 S 10/2006 Sonnergren D2 /908
D535,812 S 1/2007 Matis et al . D782,171 S 3/2017 Della Valle et al .
D538,013 S * 3/2007 Della Valle D2 /902 D782,793 S 4/2017 Truelsen
D538,516 S * 3/2007 Della Valle D2 /902 D783,955 S 4/2017 Fullerton et al .
D541,510 S 5/2007 McClaskie D793,681 S 8/2017 Lombardi D2 /947
D548,435 S 8/2007 McClaskie D794,293 S 8/2017 Robusti
D548,437 S 8/2007 McClaskie D805,751 S *
12/2017 McCullagh D2 /972
D548,941 S 8/2007 Hulbert D805,759 S 12/2017 Robusti
D549,935 S 9/2007 Schoenborn et al . D811,060 S * 2/2018 Rockensuess D2 /953
D549,937 S 9/2007 Matis et al . 9,907,365 B2 * 3/2018 Downing B23K 26/382
D549,938 S 9/2007 Belley et al . D819,944 S 6/2018 Martin
D549,939 S 9/2007 Schoenborn et al . D827,276 S 9/2018 Ringholz et al.
D551,435 S 9/2007 Belley et al . D838,092 S 1/2019 Bacon
D552,835 S 10/2007 Belley et al . D838,902 S 1/2019 Suzuki
D554,335 S 11/2007 Belley et al . D838,957 S 1/2019 Robusti
D560,053 S 1/2008 McClaskie D844,953 S * 4/2019 Chen A43B 5/02
D560,889 S 2/2008 Weisbly D2 /947
D563,634 S 3/2008 Della Valle D848,124 S 5/2019 Sassi
D563,636 S 3/2008 Matis et al . D850,088 S 6/2019 Young
D564,739 S 3/2008 Belley et al . D853,690 S 7/2019 Taylor
US D939,813 S
Page 3
( 56 ) References Cited CA 111121 S

111181 A
3/1908
4/1908
CA
U.S. PATENT DOCUMENTS CA 111181 S 4/1908
CA 113261 A 7/1908
D855,293 S 8/2019 Zhou CA 113261 S 7/1908
D855,948 S 8/2019 Sassi CA 115387 A 12/1908
D865,336 S 11/2019 Jenkins et al . CA 115387 S 12/1908
D870,442 S 12/2019 Robusti CA 117123 A 3/1909
D874,108 S 2/2020 Possehl CA 117123 S 3/1909
D876,757 S 3/2020 Hartmann et al . CA 117679 A 4/1909
D878,728 S 3/2020 Van De Stouwe et al . CA 117679 S 4/1909
D878,730 S 3/2020 Van De Stouwe et al. CA 117682 A 4/1909
D881,547 S 4/2020 Robusti CA 117682 S 4/1909
D890,500 S 7/2020 Petrie CA 117737 A 4/1909
D891,075 S * 7/2020 de Montgolfier .............. 12/972 CA 117737 S 4/1909
D909,719 S 2/2021 Durflinger CA 120428 A 9/1909
D909,725 S 2/2021 Raleigh CA 120428 S 9/1909
D910,984 S 2/2021 Petrenka et al. CA 120466 A 9/1909
D911,001 S 2/2021 Leseca CA 120466 S 9/1909
D912,952 S * 3/2021 Han B23K 26/382 CA 123087 A 1/1910
D2 /947 CA 123087 S 1/1910
D915,036 S 4/2021 Sassi CA 123090 A 1/1910
D919,270 S 5/2021 Berny et al. CA 123090 S 1/1910
D925,202 S 7/2021 Martin CA 125768 A 5/1910
D932,755 S * 10/2021 Lee D2 /947 CA 125768 S 5/1910
2003/0115691 A1 6/2003 erjee et al . CA 130173 A 12/1910
2007/0227039 A1 * 10/2007 Chaney A43B 5/08 CA 130173 S 12/1910
36/15 CN 101208021 A 6/2008
2008/0201981 A1 8/2008 Halberstadt et al. CN 203087690 U 7/2013
2008/0209765 A1 9/2008 Rohwer -Kahlmann CN 112293853 A 2/2021
2008/0289219 A1 11/2008 Nakano DE 2550616 A1 5/1976
2010/0199523 A1 8/2010 Mayden et al . DE 2828561 A1 1/1980
2012/0304495 A1 * 12/2012 Brabson A43B 7/12 DE 202006016418 U1 2/2008
EP 0162901 A1 12/1985
36/87 EP 1947969 A1 7/2008
2015/0351487 Al 12/2015 Lukongwa et al. JP 2009514579 A 4/2009
2015/0351493 A1 * 12/2015 Ashcroft A43D 1/025 JP 5021664 B2 9/2012
36/132 KR 20110032512 A 3/2011
2016/0135537 A1 * 5/2016 Wawrousek A43B 5/02 KR 2013-0021852 A 3/2013
36/28 KR 101303025 B1 9/2013
2016/0295959 Al 10/2016 Dyer et al . KR 20180002406 A 1/2018
2018/0289098 A1 * 10/2018 Downing B23K 26/364 SE 7512774 L 5/1976
2019/0053571 A1 * 2/2019 Bjornson A43B 7/1445 TW 200733905 A 9/2007
2019/0239596 A1 8/2019 Ploem TW 1301750 B 10/2008
2021/0212410 Al 7/2021 Hatfield et al . WO WO - 85 / 02327 A1 6/1985
WO WO - 2007051539 A1 5/2007
FOREIGN PATENT DOCUMENTS
OTHER PUBLICATIONS
AU 312169 A 1/2007
AU 2006310783 Al 5/2007 327 , New Balance.com , [ online ], < URL : https ://www.newbalance.
2
AU 315228 A 7/2007 com /pd / 327 /MS327V1-36622.html? dwvar_MS327V1-36622_style =

AU 315233 A 7/2007 MS327RF1 > ( Year: 2021 ) .
AU 318427 A 3/2008
AU 319810 A 6/2008 New Balance 327 Review & On Feet+ Sizing , YouTube.com , May
AU 319811 A 6/2008 9 , 2020 , Josh Dominic , [ online ] , < URL :https: //www.youtube.com/
AU 326327 A 6/2009 watch ? v = a4brlpzojA8 > ( Year: 2020 ) .
CA 109146 A 12/1907 New Balance Advertisement for 355 Shoe (RW 5 - Star ), Circa 1979 .
CA 109146 S 12/1907 New Balance Advertisement for 355 Shoe ( Trail ), Circa 1979 .
CA 109161 A 12/1907 New Balance Advertisement for 355 Shoe ( Trail 2 ) , Circa 1979 .
CA 109161 S 12/1907
CA 111121 A 3/1908 * cited by examiner
U.S. Patent Jan. 4 , 2022 Sheet 1 of 7 US D939,813 S
FIG , 1
C I!
1
FIG . 2
V
* V
FIG . 3
A,
??
FIG . 4
Gent
o
od
? ao
FIG . 6
?
FIG.7
EXHIBIT C
FRANCE
MODE B E AU T É LIFESTYLE SHOPPING C U LT U R E DÉFILÉS VIDEO VO G U E L OV E R S VO G U

FA S H I O N
Just one year after their

creation, these sneakers are
conquering the fashion
scene
A model with retro charm designed by New Balance, spotted for the first
time last January.
BY HÉLOÏSE SALESSY
16 décembre 2020
AKGS
Despite its many classics like the 990 sneakers spotted on Steve Jobs and Kaia Gerber,
New Balance continues to be creative by imagining one of its latest flagship models
called the 327. Spotted for the very first time during the Casablanca men's show, the
fashionable label driven by Charaf Tajer, these sneakers with athletic lines and a vintage
aesthetic have also been treated to exclusive collaborations. The Latest to date? The
collaboration alongside Levi's, as well as the trendy label Staud.
PUBLICITÉ
How to wear New Balance 327 sneakers in 2020?

Katie Holmes and Emilio Vitolo Jr in October 2020 on the streets of New York
Gotham
Since their creation at the beginning of the year, 327 sneakers have been imagined
through the fashion aura of multiple brands and even in an eco-responsible version.
Called Un-dyed, the model in question was made entirely from un-dyed materials and
available at the low price of 110 euros. On the street style side, Katie Holmes has worn
them with denim and a timeless pea coat, while Kendall Jenner opted for the pop color
model co-created with Casablanca to upgrade a monochrome silhouette.
Kendall Jenner in March 2020 in the streets of Los Angeles

SMXRF/Star Max
Good news: for all those who haven't had the chance to get their hands on one of these
pairs this year, the brand from Boston is teaming up with Levi's for an exclusive capsule
arriving December 17. On the program? A new interpretation of the 327 sneaker in a
mix and match of calibrated materials. This is the ultimate gift to slip under the tree this
year, sure to delight fashion (and sneakers) lovers.
EXHIBIT D
The Casablanca x New Balance 327 “Idéaliste” Sneaker Courtesy of Casablanca and New Balance
GQ Recommends
The Casablanca x New Balance 327 Is a Flawless

Summer Sneaker
It looks ripped from the pages of a '70s tennis catalog.
BY YANG-YI GOH
April 16, 2020
All products featured on GQ are independently selected by our editors. However, when you buy something
through our retail links, we may earn an affiliate commission.
Sneaker culture is largely driven by an obsession with everything new: new models, new colorways, new drops, new tech. But for years
now—despite the “new” right there in its name—New Balance’s lifestyle division has managed to buck that trend entirely, carving out its
own lane on the back of everything old.
The 990, the Boston-based stalwart’s most iconic sneaker, has been around since 1982—receiving just a few cosmetic tweaks along the
way. The brand's biggest release of the past year was the positively dadly 850, which originally hit shelves in the mid-’90s. Even when
New Balance drops the occasional coveted fashion collaboration—like they did recently with both Aimé Leon Dore and Comme des
Garçons Homme—they tend to stick to throwback models like the 827 and 1300, circa 1999 and 1985, respectively. So, needless to say, it
raised a few eyebrows around the sneaker world when New Balance announced they were tapping recent LVMH Prize finalist
Casablanca to help them debut their all-new 327. And then images of the silhouette actually surfaced, and it all made perfect sense.
Courtesy of Casablanca and New Balance
Because calling the 327 “new” is something of a misnomer. Nearly all of the shoe’s design cues were taken directly from ‘70s-era runners
in the New Balance archives, from the nubby rubber outsole to the low-slung padded collar to the chunky extended heel. There are a few
modern updates, sure, like the gleefully oversized “N” logo, but make no mistake: this is about as close to retro as a new release can get.

Which, as it happens, is what makes Casablanca the ideal partner to usher the 327 into the world. Charaf Tajer, the French-Moroccan
designer who launched the label in 2018, is obsessed with the ‘70s. His flowy, silky, outrageously printed clothes look often like they
were stolen out of the suitcase of a mustachioed tennis champion vacationing at a louche Mediterranean resort, shortly after raising the
trophy at Roland Garros. All of that energy flowed straight into the 327, Casablanca’s first-ever sneaker collab, which Tajer suited up in
classic tennis court colors: lush panels of orange and green suede surrounding perforated white leather along the uppers. The result is a
flawless summer sneaker, and the most desirable new New Balance drop in recent memory—possibly ever—because it so shamelessly
leans into the brand’s rich and coveted history.

The Casablanca x New Balance 327 drops on Saturday for $150 at New Balance, Casablanca, and select retailers like Kith. Or, if you
really can't wait, you can grab them right now at resale prices on StockX below.
Casablanca x New Balance 327 (Green)
StockX $320
Buy Now
Casablanca x New Balance 327 (Orange)

StockX $350
Buy Now
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EXHIBIT E
We use cookies to personalise content, analyse site traffic, and serve targeted ads. That cool?
YEAH WHO IS COOKIE?
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New Balance are absolutely steamrollin’ with the 327 at the moment. Between killer colabs
with fashion’s upper echelons and retro-inspired editions via their mainline, NB are
prepping a new trio of simple and clean colourways – known as the no-nonsense ‘Primary
Pack’. Yep, it’s using the tried-and-true formula that helped launch the lifestyle model at the
beginning of the year.
When NB swap out mesh for perforated leather, it’s a definite sign things are about to get
real premium. Which is exactly what happens on each of these 327s, with the toe box plus
medial and lateral vamp using crisply dotted white panels. Elsewhere, lush suede accents
ensconce the heel counter and toe box overlays, with each colourway opting for bold
primary (hence the pack’s name) hues of red, blue and yellow. Yes, that third colour should
be green – but if you’ve been paying attention to the 327 this year, you’ll know they already
dropped!
These premium pairs don’t forget their archival roots either. While most of the upper is the
perf leather and suede combo, the tongue remains classic crisp nylon with a woven NB
label. If it ain’t broke, don’t fix it! Underfoot is a similar situation. The distinct knobbly
outsole pattern is lifted straight from NB’s pioneering 1970s trail runner, and it’s melded
onto sculpted foam midsoles, keeping with modern ergonomics.
It’s hard to pick just one colourway from this pack – maybe just get all three from Hype DC
right now to cover all bases in your wardrobe!
HYPE DC NB327 NEW BALANCE
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adidas Sneakers Nike Air Max 95 Vuitton and Maniére x Air Issue 47 is out
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EXHIBIT F
SUBSCRIBE
FOCUS

ATHLETIC & OUTDOOR MAY 2, 2020 9:00AM EDT
New Balance’s Buzzy 327 Sneaker Is

Arriving This Month
BY
PETER VERRY
A lead colorway of the New Balance 327.

CREDIT: COURTESY
When fashion house Casablanca revealed its New Balance collaboration at Paris Fashion Week in January, the buzz around
the athletic brand’s 327 sneaker was palpable. This month, NB will release more iterations of the shoe without a
collaborative partner.
Three colorways of the acclaimed 327, which is inspired by New Balance’s runners from the 1970s, will hit Newbalance.com
and select retailers worldwide on May 9. There will be two for men — a tonal gray look and a multicolor style with blue,
orange, yellow and white — and a version with black, gray and pale pink hues for women.
The men’s colorways of the New Balance 327 sneaker will retail for $110 and the women’s look will come with a $90 price
tag.
Case made
The sneaker features uppers 1:22-cv-10879 Document
with nylon and 1-6 suede
suede including Filed vamp
06/07/22 Page
fangs as 3 oversized
well as of 4 “N” branding
inspired by the retro 320 (which New Balance said is its first shoe to use the logo) and studded gum outsoles and heel
wraps that are a nod to the 355 trail runner.
A tonal gray, white and black iteration of the New Balance 327.
CREDIT: COURTESY
One of three lead colorways of the New Balance 327 sneaker.

CREDIT: COURTESY
Case 1:22-cv-10879
In March, New Balance announced Document
it was delaying 1-6 327
the anticipated Filed 06/07/22with
collaboration Page 4 of 4 from its original April
Casablanca
4 release date to April 18. The rollout shifted to online-only, with top retailers worldwide stocking it including Kith in the
U.S., End Clothing doors throughout Europe and Dover Street Market in Japan, among several others.
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EXHIBIT G
EXHIBIT H
JS 44 (Rev. 04/21) Case 1:22-cv-10879 Document
CIVIL COVER 1-9 SHEET
Filed 06/07/22 Page 1 of 1
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
NEW BALANCE ATHLETICS, INC. STEVEN MADDEN, LTD.
(b) County of Residence of First Listed Plaintiff SUFFOLK, MA 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)
ORRICK, HERRINGTON & SUTCLIFFE LLP
(617) 880-1800, 222 BERKELEY STREET,
SUITE 2000 BOSTON, MA 02116
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) Click here for: Nature of Suit Code Descriptions.
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 376 Qui Tam (31 USC
130 Miller Act 315 Airplane Product Product Liability 690 Other 28 USC 157 3729(a))
140 Negotiable Instrument Liability 367 Health Care/ INTELLECTUAL 400 State Reapportionment
150 Recovery of Overpayment 320 Assault, Libel & Pharmaceutical PROPERTY RIGHTS 410 Antitrust
& Enforcement of Judgment Slander Personal Injury 820 Copyrights 430 Banks and Banking
151 Medicare Act 330 Federal Employers’ Product Liability 830 Patent 450 Commerce
152 Recovery of Defaulted Liability 368 Asbestos Personal 835 Patent - Abbreviated 460 Deportation
Student Loans 340 Marine Injury Product New Drug Application 470 Racketeer Influenced and
(Excludes Veterans) 345 Marine Product Liability 840 Trademark Corrupt Organizations
153 Recovery of Overpayment Liability PERSONAL PROPERTY LABOR 880 Defend Trade Secrets 480 Consumer Credit
of Veteran’s Benefits 350 Motor Vehicle 370 Other Fraud 710 Fair Labor Standards Act of 2016 (15 USC 1681 or 1692)
160 Stockholders’ Suits 355 Motor Vehicle 371 Truth in Lending Act 485 Telephone Consumer
190 Other Contract Product Liability 380 Other Personal 720 Labor/Management SOCIAL SECURITY Protection Act
195 Contract Product Liability 360 Other Personal Property Damage Relations 861 HIA (1395ff) 490 Cable/Sat TV
196 Franchise Injury 385 Property Damage 740 Railway Labor Act 862 Black Lung (923) 850 Securities/Commodities/
362 Personal Injury - Product Liability 751 Family and Medical 863 DIWC/DIWW (405(g)) Exchange
Medical Malpractice Leave Act 864 SSID Title XVI 890 Other Statutory Actions
REAL PROPERTY CIVIL RIGHTS PRISONER PETITIONS 790 Other Labor Litigation 865 RSI (405(g)) 891 Agricultural Acts
210 Land Condemnation 440 Other Civil Rights Habeas Corpus: 791 Employee Retirement 893 Environmental Matters
220 Foreclosure 441 Voting 463 Alien Detainee Income Security Act FEDERAL TAX SUITS 895 Freedom of Information
230 Rent Lease & Ejectment 442 Employment 510 Motions to Vacate 870 Taxes (U.S. Plaintiff Act
240 Torts to Land 443 Housing/ Sentence or Defendant) 896 Arbitration
245 Tort Product Liability Accommodations 530 General 871 IRS—Third Party 899 Administrative Procedure
290 All Other Real Property 445 Amer. w/Disabilities - 535 Death Penalty IMMIGRATION 26 USC 7609 Act/Review or Appeal of
Employment Other: 462 Naturalization Application Agency Decision
446 Amer. w/Disabilities - 540 Mandamus & Other 465 Other Immigration 950 Constitutionality of
Other 550 Civil Rights Actions State Statutes
448 Education 555 Prison Condition
560 Civil Detainee -
Conditions of
Confinement
V. ORIGIN (Place an “X” in One Box Only)
1 Original 2 Removed from 3 Remanded from 4 Reinstated or 5 Transferred from 6 Multidistrict 8 Multidistrict
Proceeding State Court Appellate Court Reopened Another District Litigation - Litigation -
(specify) Transfer Direct File
Cite the U.S. Civil Statute under which you are filing (Do not cite jurisdictional statutes unless diversity):
35 U.S.C. § 271, 15 U.S.C. § 1114, 15 U.S.C. § 1125(a), 15 U.S.C. § 1125(c)
VI. CAUSE OF ACTION Brief description of cause:
DESIGN PATENT INFRINGEMENT, TRADEMARK INFRINGEMENT, FALSE DESIGNATION OF ORIGIN, AND DILUTION
VII. REQUESTED IN CHECK IF THIS IS A CLASS ACTION DEMAND $ CHECK YES only if demanded in complaint:
COMPLAINT: UNDER RULE 23, F.R.Cv.P. Exceeds $75,000 JURY DEMAND: Yes No
VIII. RELATED CASE(S)
(See instructions):
IF ANY JUDGE DOCKET NUMBER
DATE SIGNATURE OF ATTORNEY OF RECORD
6/7/2022 /s/ R. David Hosp
FOR OFFICE USE ONLY
RECEIPT # AMOUNT APPLYING IFP JUDGE MAG. JUDGE

UNITED STATES DISTRICT COURT
DISTRICT OF MASSACHUSETTS
1. Title of case (name of first party on each side only) NEW BALANCE ATHLETICS, INC. V. STEVEN MADDEN, LTD.
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)).
✔ , 40, 41, 4, 535, 830*, 8, 893, R.23, REGARDLESS OF NATURE OF SUIT.
II. 130, 190, 196, 370, 37, 440, 442, 443, 445, 446, 448, 820*, 840*, .
III. 120, 150, 151, 152, 153, 195, 210, 220, 24, 310, 315, 330, 340, 345, 350, 355, 360, 36,
367, 368, 37,38,422, 423, 40, 460, 462, 463, 465, 510, 530, 540, 550, 555,
625, 690, 7, 791, 861-865, 80,8,950.
*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.
NOT APPLICABLE
4. Has a prior action between the same parties and based on the same claim ever been filed in this court?
YES NO ✔
5. Does the complaint in this case question the constitutionality of an act of congress affecting the public interest? (See 28 USC
§2403)
YES NO ✔

If so, is the U.S.A. or an officer, agent or employee of the U.S. a party?
YES NO
6. Is this case required to be heard and determined by a district court of three judges pursuant to title 28 USC §2284?
YES NO ✔

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 ✔
NO
A. If yes, in which division do all of the non-governmental parties reside?
Eastern Division ✔ Central Division Western Division

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 Central Division Western Division

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 NO
(PLEASE TYPE OR PRINT)
ATTORNEY'S NAME R. DAVID HOSP
ADDRESS 222 BERKELEY STREET, SUITE 2000, BOSTON, MA 02116
TELEPHONE NO. (617) 880-1886
(CategoryForm-20.wpd )

New Balance v. Steve Madden - Complaint

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Case 1:22-cv-10879 Document 1 Filed 06/07/22 Page 1 of 22

UNITED STATES DISTRICT COURT

NEW BALANCE ATHLETICS, INC.,

STEVEN MADDEN, LTD.,

1. This is a design patent, trademark infringement, and unfair competition case.

Balance’s design, goodwill, and reputation.

side by side to appreciate the brazen copying in which Madden engaged.

hailed as having conquered the fashion scene.

6. New Balance Athletics, Inc. is a Massachusetts corporation with its principal

place of business at 100 Guest Street, Boston, Massachusetts 02135.

7. Upon information and belief, Madden is a corporation organized and existing

Avenue, Long Island City, New York 11104.

JURISDICTION AND VENUE

jurisdiction under 28 U.S.C. § 1367.

9. New Balance is a citizen of Massachusetts. Madden is a Delaware corporation

controversy exceeds $75,000, exclusive of interests and costs.

to conduct business in Massachusetts.

Massachusetts 02116, and 551 Assembly Row, Somerville, Massachusetts 02145.

walking, hiking, basketball, baseball, soccer, tennis, and golf shoes.

New Balance’s Intellectual Property

The 327 Design

of the heel in a distinctive manner with a distinctive pattern of circular treads.

sole design as shown below in solid lines:

sold millions of pairs in 2021.

media. For example:

 Vogue: the 327 is “conquering the fashion scene” See Exhibit C

an N on more than one billion products sold in the United States.

29. As a result of its long-standing, exclusive use of the distinctive N Marks in

strong common law trademark rights.

for the letter N for footwear. See Exhibit G.

footwear to lifestyle footwear. For example:

Defendant’s Infringing Conduct

footwear and apparel.

which operates Madden’s retail stores and e-commerce websites.

and critical design success and recognition.

its 327 model shoe.

distinctive design in identifying the infringement.

discontinue the original Chasen shoe.

42. In reliance on representations by Madden’s counsel that Madden would discontinue

outsole upon which design patents had been issued.

through its counsel, refused these demands.

otherwise sponsored by or affiliated with New Balance.

Macy’s) and through the Internet.

collaborations with others. Madden’s participation in collaborations significantly increases the

likelihood of consumer confusion concerning an affiliation, connection, or association between

successful collaboration—like New Balance’s collaborations with J. Crew, Jaden Smith,

never authorized or licensed Madden to use its patented designs or trademarks.

irreparable harm and monetary harm in an amount to be determined at trial.

1 through 50 above as if fully set forth herein.

Trademark Office on October 12, 2021.

do so unless enjoined by the Court.

shoe and the stripeless Chasen shoe.

elsewhere, including within Massachusetts.

57. New Balance has been damaged by Madden’s infringement in an amount to be

determined at trial and has no adequate remedy at law.

infringement of the ’755 Patent is willful and deliberate.

1 through 58 above as if fully set forth herein.

Trademark Office on January 4, 2022.

do so unless enjoined by the Court.

shoe and the stripeless Chasen shoe.

elsewhere, including within Massachusetts.

65. New Balance has been damaged by Madden’s infringement in an amount to be

determined at trial and has no adequate remedy at law.

infringement of the ’813 Patent is willful and deliberate.