Case 2:18-cv-09765 Document 1 Filed 11/20/18 Page 1 of 8 Page ID #:1

1 Kit M. Stetina (SBN 82,977)

Gregory K. Clarkson (SBN 298,712)
2 STETINA BRUNDA GARRED & BRUCKER
3 75 Enterprise, Suite 250
Aliso Viejo, CA 92656
4 Email: litigate@stetinalaw.com
5 Tel: (949) 855-1246
Fax: (949) 855-6371
6
Attorneys for Plaintiff
7 THIRTY THREE THREADS, INC.
8
9
10 IN THE UNITED STATES DISTRICT COURT
STETINA BRUNDA GARRED & BRUCKER

PHONE: (949) 855-1246; FACSIMIL E: (949) 855-6371

11
ALISO VIEJO, CALIFORNIA 92656

FOR THE CENTRAL DISTRICT OF CALIFORNIA

75 ENTERPRISE, SUITE 250

12
13 THIRTY THREE THREADS, INC., a Case No.
California corporation,
14 COMPLAINT FOR PATENT
15 Plaintiff, INFRINGEMENT OF U.S.
PATENT NO. D707,036
16 v.
17 DEMAND FOR JURY TRIAL
AREBESK INC., a California corporation;
18 LEANA SHAYEFAR, an individual; and
19 DOES 1-10, inclusive,
20 Defendants.
21
22 COMPLAINT
23 Plaintiff, Thirty Three Threads, Inc. f/k/a Toesox, Inc. (“Plaintiff”), for its
24 Complaint against Arebesk, Inc. and Leana Shayefar, states and alleges as follows:
25 PARTIES
26 1. Plaintiff, Thirty Three Threads, Inc., formerly known as Toesox, Inc., is
27 a corporation organized and existing under the laws of the State of California, and
28 having a principal place of business at 1330 Park Center Drive, Vista, California
Case No. 1
COMPLAINT FOR PATENT INFRINGEMENT OF U.S. PATENT NO. D707,036
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1 92081.
2 2. Upon information and belief, Defendant Arebesk, Inc. (“Arebesk”) is a
3 corporation organized and existing under the laws of the state of California, and
4 having a principal place of business at 10850 Wilshire Blvd., Suite 1120, Los
5 Angeles, California 90024.
6 3. Upon information and belief, Defendant Leana Shayefar (“Shayefar”) is
7 an individual residing at 15506 Hamner Drive, Los Angeles California 90077, and is
8 the president, sole corporate officer, and agent for service of process for Arebesk.
9 4. The true names and capacities of the Defendants named herein as DOES
10 1 through 10, whether individual, corporate, associate, or otherwise, are unknown to
STETINA BRUNDA GARRED & BRUCKER

PHONE: (949) 855-1246; FACSIMIL E: (949) 855-6371

11 Plaintiff, who therefore sues said Defendants by said fictitious names. Plaintiff is
ALISO VIEJO, CALIFORNIA 92656
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12 informed and believes, and thereon alleges, that each of the Defendants designated
13 herein as DOE is legally responsible for the events and happenings hereinafter
14 alleged and legally caused injury and damages proximately thereby to Plaintiff as
15 herein alleged. Plaintiff will seek leave to amend the Complaint when the true names
16 and capacities of said DOE Defendants have been ascertained. Arebesk, Shayefar,
17 and DOES 1 through 10 are hereinafter collectively referred to as “Defendants”.
18 5. Plaintiff is informed and believes, and on that basis alleges, that each of
19 the Defendants participated in and is in some manner responsible for the acts
20 described in this Complaint and any damages resulting therefrom.
21 6. Plaintiff is informed and believes, and on that basis alleges, that each of
22 the Defendants has acted in concert and participation with each other concerning each
23 of the claims in this Complaint.
24 7. Plaintiff is informed and believes, and on that basis alleges, that each of
25 the Defendants were empowered to act as the agent, servant and/or employees of each
26 of the other Defendants, and that all the acts alleged to have been done by each of
27 them were authorized, approved and/or ratified by each of the other Defendants.
28
Case No. 2
COMPLAINT FOR PATENT INFRINGEMENT OF U.S. PATENT NO. D707,036
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1 JURISDICTION AND VENUE

2 8. This civil action arises under the laws of the United States of America,
3 and specifically arises under the Patent Laws of the United States of America (35
4 U.S.C. §§1 et seq.). Original jurisdiction is therefore proper in this Court under 28
5 U.S.C. §1331 and 28 U.S.C. §1338(a) and (b).
6 9. Venue is proper in this judicial district under 28 U.S.C. 1400(b) as
7 Defendants Arebesk and Shayefar reside in this judicial district. Venue is also proper
8 in this judicial district under 28 U.S.C. 1400(b) as Defendants Arebesk and Shayefar
9 have committed acts of infringement in this judicial district and have a regular and
10 established place of business in this judicial district.
STETINA BRUNDA GARRED & BRUCKER

PHONE: (949) 855-1246; FACSIMIL E: (949) 855-6371

11
ALISO VIEJO, CALIFORNIA 92656

BACKGROUND OF THE CONTROVERSY

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12 10. On June 17, 2014, United States Patent No. D707,036 entitled “Sock”
13 (“the ‘036 patent”) was duly and legally issued to Joe Patterson. Plaintiff is the
14 record owner by assignment of the ‘036 patent with full and exclusive right to bring
15 suit to enforce this patent. A true and correct copy of the ‘036 patent is attached
16 hereto as Exhibit A.
17 11. The ‘036 patent claims the ornamental design for a sock as shown and
18 described therein. Exemplary figures from the ‘036 patent which define the claimed
19 ornamental design are reproduced below:
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Case No. 3
COMPLAINT FOR PATENT INFRINGEMENT OF U.S. PATENT NO. D707,036
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1 12. Prior to the filing of the instant action, Plaintiff discovered that
2 Defendant Shayefar was manufacturing, importing, marketing, and/or selling certain
3 sock products in connection with the name “arebesk” (the “infringing product”).
4 Photographs of a specimen of an infringing product are shown below:
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STETINA BRUNDA GARRED & BRUCKER

PHONE: (949) 855-1246; FACSIMIL E: (949) 855-6371

11
ALISO VIEJO, CALIFORNIA 92656
75 ENTERPRISE, SUITE 250

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16 13. On March 28, 2018, Plaintiff, through counsel, transmitted a letter to
17 Defendant Shayefar, placing her on notice of the ‘036 patent, informing her that the
18 infringing products infringed the ‘036 patent, and demanding that she and her
19 company cease and desist from making, selling, using, and importing the infringing
20 products and any other similar products. A true and correct copy of Plaintiff’s letter
21 of March 28, 2018 is attached hereto as Exhibit B.
22 14. Plaintiff has not received any response to its letter of March 28, 2018.
23 15. On the same day Plaintiff’s letter was transmitted, Defendant Arebesk
24 was registered as a corporation in the state of California, with Defendant Shayefar
25 being named as its president, sole corporate officer and director, and agent for service
26 of process.
27 16. In the months since the transmittal of Plaintiff’s letter of March 28,
28 2018, Defendants have considerably expanded the scope of their infringing activities.
Case No. 4
COMPLAINT FOR PATENT INFRINGEMENT OF U.S. PATENT NO. D707,036
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1 Defendants are now known to offer for sale at least four differently colored versions
2 of the infringing product through their internet website https://arebesk.com under the
3 name “Phish Net.” Exemplary images of infringing products presently offered
4 though Defendants’ internet website are shown below:
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STETINA BRUNDA GARRED & BRUCKER

PHONE: (949) 855-1246; FACSIMIL E: (949) 855-6371

11
ALISO VIEJO, CALIFORNIA 92656
75 ENTERPRISE, SUITE 250

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25 17. The resemblance between the ornamental design of the ‘036 patent and
26 the infringing products is substantial, and an ordinary observer would be deceived by
27 that substantial resemblance into believing the infringing products are the same as the
28 patented design.
Case No. 5
COMPLAINT FOR PATENT INFRINGEMENT OF U.S. PATENT NO. D707,036
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1 18. Defendants have therefore been infringing, and continue to infringe the
2 ‘036 patent by making, using, offering for sale, selling and/or importing the
3 infringing products. Defendants’ acts of infringement have occurred within this
4 district and elsewhere throughout the United States.
5 FIRST CLAIM FOR RELIEF
6 (Patent Infringement of U.S. Patent No. D707,036)
7 19. Plaintiff realleges and repeats the allegations of paragraphs 1-18 herein.
8 20. Plaintiff is the owner of all right, title and interest to United States Patent
9 No. D707,036 entitled “Sock”. The ‘036 patent was duly and lawfully issued on June
10 17, 2014 and is presently valid and in full effect.
STETINA BRUNDA GARRED & BRUCKER

PHONE: (949) 855-1246; FACSIMIL E: (949) 855-6371

11
ALISO VIEJO, CALIFORNIA 92656

21. Upon information and belief, Defendants have been and are infringing
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12 the ‘036 patent within this district and elsewhere in the United States by making,
13 using, selling, distributing and/or offering for sale the infringing products within the
14 United States, and/or importing the infringing products into the United States.
15 22. Upon information and belief, by the acts of patent infringement herein
16 complained of, the Defendants have made substantial profits to which they are not
17 equitably entitled.
18 23. By reason of the aforementioned acts of the Defendants, the Plaintiff has
19 suffered great detriment in a sum which exceeds this Court’s jurisdictional amount,
20 but which cannot be ascertained at this time.
21 24. Upon information and belief, Defendants continue to infringe Plaintiff’s
22 ‘036 patent, and will continue to infringe Plaintiff’s ‘036 patent to Plaintiff’s
23 irreparable harm, unless enjoined by this Court.
24 25. The infringement of the ‘036 patent by Defendants after receiving notice
25 of the ‘036 patent has been willful, entitling Plaintiff to enhanced damages.
26 PRAYER FOR RELIEF
27 WHEREFORE, Plaintiff prays for judgment against the Defendants as follows:
28 A. A judgment that Defendants have infringed, contributorily infringed,
Case No. 6
COMPLAINT FOR PATENT INFRINGEMENT OF U.S. PATENT NO. D707,036
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1 and/or induced infringement of the patent-in-suit;

2 B. A judgment that Defendants’ infringement of the patent-in-suit has been
3 willful;
4 C. A preliminary and permanent injunction, pursuant to 35 U.S.C. §283,
5 enjoining Defendants, and all persons in active concert or participation with them,
6 from any further acts of infringement of the patent-in-suit;
7 D. An order, pursuant to 35 U.S.C. §284, awarding Plaintiff damages
8 adequate to compensate Plaintiff for Defendants’ infringement of the patent-in-suit,
9 in an amount to be determined at trial, but in no event less than a reasonable royalty;
10 E. An order, pursuant to 35 U.S.C. §284, trebling all damages awarded to
STETINA BRUNDA GARRED & BRUCKER

PHONE: (949) 855-1246; FACSIMIL E: (949) 855-6371

11 Plaintiff based on Defendants’ willful infringement of the patent-in-suit;

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12 F. An order, pursuant to 35 U.S.C. §285, finding that this is an exceptional

13 case and awarding to Plaintiff its reasonable attorneys’ fees incurred in this action;
14 and
15 G. That Plaintiff have such other and further relief that the Court may deem
16 just and proper.
17
18 Dated: November 20, 2018 STETINA BRUNDA GARRED & BRUCKER
19
20 By: /s/Kit M. Stetina
21 Kit M. Stetina
Gregory K. Clarkson
22 Attorneys for Plaintiff
23 THIRTY THREE THREADS, INC.

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Case No. 7
COMPLAINT FOR PATENT INFRINGEMENT OF U.S. PATENT NO. D707,036
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1 DEMAND FOR JURY TRIAL

2 Plaintiff, Thirty Three Threads, Inc. hereby demands a jury trial in this action.
3
4 Dated: November 20, 2018 STETINA BRUNDA GARRED & BRUCKER
5
6 By: /s/Kit M. Stetina
7 Kit M. Stetina
Gregory K. Clarkson
8 Attorneys for Plaintiff
9 THIRTY THREE THREADS, INC.

10
STETINA BRUNDA GARRED & BRUCKER

PHONE: (949) 855-1246; FACSIMIL E: (949) 855-6371

11
ALISO VIEJO, CALIFORNIA 92656
75 ENTERPRISE, SUITE 250

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Case No. 8
COMPLAINT FOR PATENT INFRINGEMENT OF U.S. PATENT NO. D707,036
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EXHIBIT A
 Case 2:18-cv-09765 Document 1-1 Filed 11/20/18 Page 2 of 8 Page ID #:10
USOOD707036S

(12) United States Design Patent (10) Patent No.: USD707,036S

Patterson (45) Date of Patent: Jun. 17, 2014
(54) SOCK 7,784,115 B1* 8/2010 Nemcik ............................ 2,239
D626,740 S * 1 1/2010 Stevenson ... D2,981
7.882,714 B2 * 2/2011 Roberts ........................... 66/186
(71) Applicant: ToeSox, Inc., Vista, CA (US) D662,311 S * 6/2012 Sudit ....... ... D2,980
ck
(72) Inventor: Joe Patterson, Carlsbad, CA (US) E. s ck 38. R. O. r R38s.
D687,155 S * 7/2013 Caden ............ ... D24, 192
(73) Assignee: ToeSox, Inc., Vista, CA (US) 2008/O127520 A1* 6/2008 Luedecke et al. ............... 36,102
2010/0212068 A9 8, 2010 Nemcik ............................ 2,239
ck
(**) Term: 14 Years * cited by examiner
(21) Appl. No. 29/464,408 Primary Examiner — T. Chase Nelson
(22) Filed: Aug. 15, 2013 Assistant Examiner — Kathleen M Sims
(51) LOC (10) Cl. ................................................ 02-04 R Attorney, Agent, or Firm — Todd J. Langford; Eric A.
aSCO
(52) U.S. Cl.
USPC ........................................................... D2A98O (57) CLAM
(58) Field of Classification Search The ornamental design for a sock, as shown and described.
USPC .......................... D2/897898, 980994, 902;
2/239-242, 409: 66/178 R: 36/88,94, DESCRIPTION
36/102
See application file for complete search history. FIG. 1 is a perspective view of a sock, showing my new design
while in use;
(56) References Cited FIG. 2 is a bottom view:
U.S. PATENT DOCUMENTS FIG. 3 is a left side view:
FIG. 4 is a back view:
39,569 A 8, 1863 Harmon ............................ 2230 FIG. 5 is a top view:
5,867,838 A * 2/1999 Corry ................................ 2,239 FIG. 6 is a front; and,
5,906,007 A * 5/1999 Roberts ............................. 2,239 FIG. 7 is a right side view thereof.
6,324,698 B1 12/2001 Freeman ........................... 2,239 The broken lines are included for the purpose of showing
D498,916 S * 1 1/2004 Lowell ... ... D2,980
7,107,626 B1* 9/2006 Andrews ........................... 2,239 environmental structure and form no part of the claimed
D538,527 S * 3/2007 Ransan . D2/989 design.
D548,951 S * 8/2007 Paulin ...... ... D2,980
D581,654 S * 12/2008 Miliotis ......................... D2/980 1 Claim, 2 Drawing Sheets
Case 2:18-cv-09765 Document 1-1 Filed 11/20/18 Page 3 of 8 Page ID #:11
 Case 2:18-cv-09765 Document 1-1 Filed 11/20/18 Page 4 of 8 Page ID #:12

U.S. Patent Jun. 17, 2014 Sheet 2 of 2 USD707,036S

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FIG. 4 FIG. 5 FIG. 6

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EXHIBIT B
 Case 2:18-cv-09765 Document 1-1 Filed 11/20/18 Page 6 of 8 Page ID #:14
LAW OFFICES

Stetina Brunda Garred & Brucker

A P ROFESSI ONAL CORPORATI ON
P ATE N T , T R AD E M AR K , C OP Y RI G H T AN D U N F AI R C O MP E TI TI ON C AU S E S

75 ENTERPRISE, SUI TE 250

ALI SO VIEJO, CALI FORNI A 92656

KIT M. STETINA
BRUCE B. BRUNDA
WILLIAM J. BRUCKER
MARK B. GARRED
MATTHEW A. NEWBOLES
ERIC L. TANEZAKI TELEPHONE (949) 855-1246
LOWELL ANDERSON FACSIMILE I (949) 855-6371
JAMES C. YANG FACSIMILE II (949) 716-8197
www.stetinalaw.com
SHUNSUKE S. SUMITANI
MICHAEL J. ZINGALE Writer’s Direct E-mail:
-------------- kstetina@stetinalaw.com
GREGORY K. CLARKSON
TOBIN L. HOBBS
STEPHEN M. HAM ON
March 28, 2018

THIS MATTER REQUIRES YOUR PROMPT REPLY

VIA EMAIL AND FEDERAL EXPRESS

leana@arebesk.com
customercare@arebesk.com
Standard Delivery

Leana Shayefar
AREBESK
10850 Wilshire Blvd.
Suite 1120
Los Angeles, CA 90024

Leana Shayefar
15506 Hamner Drive
Los Angeles, CA 90077

RE: Thirty Three Threads, Inc. v. Arebesk

Patent Infringement
Our Ref.: TOESX-071L

Dear Ms. Shayefar:

Please be advised that this firm represents Thirty Three Threads, Inc., formerly known as
Toesox, Inc., of Vista, California in patent, trademark, copyright and unfair competition matters.
As you are aware, Thirty Three Threads, Inc. is the originator and manufacturer of unique yoga
sock products. Due to the uniqueness of our client’s yoga sock products, our client has obtained
numerous United States patents and design patents. In particular our client has obtained U.S.
Design Patent No. D707,036, a copy of which is enclosed for your review.

Thirty Three Threads, Inc. has informed us that your company is manufacturing,
marketing and/or selling a yoga sock product as shown below which is substantially identical to
our client’s patented design:
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Stetina Brunda Garred & Brucker

March 28, 2018

Page 2

As you have been previously informed, your manufacture, sale, use or importation of
such yoga sock product comprises acts of patent infringement. Under United States law, a patent
owner is given the exclusive rights to manufacture, use, sell or import the claimed invention in
the United States. Additionally, Title 35 of the United States Code provides monetary damages
and preliminary and permanent injunctive relief for such infringement. Further, if such
infringement is determined by a court to be willful, such damages can be trebled.

Accordingly, we demand on behalf of our client that Arebesk immediately cease and
desist from all further manufacture, sale, importation and/or offer for sale of infringing products,
and immediately recall any such products that have already been distributed. Further, to the
extent that Arebesk has the infringing product manufactured by a third party, Thirty Three
Threads demands identification of that third party or supplier. Also, Thirty Three Threads
demands an accounting of all such infringing products sold to date, along with the indication of
the amount remaining in inventory. Based upon Arebesk’s immediate commitment to the above
terms, Thirty Three Threads will then determine how to fully resolve this matter.

Arebesk’s failure to cease selling the accused product and failure to provide the requested
information will require Thirty Three Threads to consider filing a civil action in the United
States District Court for the Central District of California for patent infringement and all other
appropriate relief. Further, any continued sales of the product, will no doubt be viewed by a
Court as willful infringement, and our client will seek increased damages and attorney fees.

Due to the importance of this matter, Thirty Three Threads requests your response no
later than April 6, 2018. Your compliance with the above-requested demands will certainly aid
in a potential resolution of this matter.
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Stetina Brunda Garred & Brucker

March 28, 2018

Page 3

This letter is not intended to be a full statement of the facts in these matters, nor is it a
waiver of any of our client’s rights or remedies, whether at law or equity, or those of any
respective parties, all of which are hereby expressly reserved.

We look forward to your immediate reply.

Very truly yours,

STETINA BRUNDA GARRED & BRUCKER

Kit M. Stetina

KMS/th
Encls.
Cc: Thirty Three Threads, Inc.