AFS Secures Complete Victory for Tieks in ITC Investigation

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.”

Tieks CEO Kfir Gavrieli hailed the outcome, stating, “As the Tieks brand has grown, so too have the number of companies that copy our distinctive outsole design in order to improperly trade upon the goodwill we have spent years building in the marketplace. This decision is a win not only for Tieks, but for any fashion brand that has invested in the US industry.”

In an interview with Law360, Partner Ehsun Forghany said “Tieks is very pleased by the [Administrative Law Judge’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, Tan Anderson, Margherita Capolino, and Peter Busch.