AFS Secures Complete Victory for Tieks in ITC Investigation

ArentFox Schiff delivered a complete victory for Tieks, a Los Angeles-based fashion brand known for its signature blue-soled flats, in a design patent-based investigation at the US International Trade Commission (ITC).

In its complaint, Tieks claimed that OneDrop and a dozen other overseas footwear brands violated Section 337 of the Tariff Act by importing infringing flats that incorporated Tieks’ patented outsole designs.  Shortly after the ITC agreed to investigate in December 2024, the AFS team moved for summary determination on all five design patent claims and the issuance of a general exclusion order (GEO) prohibiting all importations of blue-soled flats, regardless of source.  The ITC judge granted the motion in its entirety based on the “widespread pattern of violation for the asserted patents.”

In an interview with Law360, Partner Ehsun Forghany said “Tieks is very pleased by the ALJ’s thorough decision granting our motion for summary determination for design patent infringement and domestic industry, and awarding a rarely issued general exclusion order that protects Tieks’ innovative and distinctive outsole designs.  This is a complete victory for Tieks.”

The AFS team included Ehsun Forghany, Janine Carlan, Margherita Capolino, and Peter Busch.

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