Case 2:13-cv-05920-FSH-MAH Document 1 Filed 10/03/13 Page 1 of 9 PageID: 1
UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW JERSEY NEWARK DIVISION Edward P. Bakos (ebakos@bakoskritzer.com) Noam J. Kritzer (nkritzer@bakoskritzer.com) Bakos & Kritzer 147 Columbia Turnpike, Suite 102 Florham Park, New Jersey 07932 Telephone: 212-724-0770 Facsimile: 973-520-8260 Attorneys for the Plaintiff: Tristar Products, Inc. TRISTAR PRODUCTS, INC. (a Pennsylvania corporation), V. WINK INTIMATES (a Canadian corporation), ANDREA CLAIR Plaintiff, (a Canadian individual), and ANASTASIOS KOSKINAS (a Canadian individual), Defendants. ) ) ) CIVIL ACTION FILE NUMBER: ) ) ) ) ) ) ) ) ) ) ) COMPLAINT FOR DECLARATORY JUDGMENT OF PATENT NON-INFRINGEMENT AND DEMAND FOR JURY TRIAL This is an action brought under the Declaratory Judgment Act by Plaintiff, Tristar Products, Inc. , a Pennsylvania corporation ("Tristar Products" or "Plaintiff' ' ), against Defendants Wink Intimates, a Canadian corporation, Andrea Clair, a Canadian individual, and Anastasios Koskinas, a Canadian individual (collectively, "Defendants"). Upon actual knowledge with respect to itself and its acts, and upon information and belief as to all other matters, Plaintiff alleges as follows: Case 2:13-cv-05920-FSH-MAH Document 1 Filed 10/03/13 Page 2 of 9 PageID: 2 THE PARTIES 1. Plaintiff Tristar Products is a Pennsylvania corporation having its corporate headquarters at 492 Route 46 East, Fairfield, New Jersey 07004. 2. Upon information and belief, Wink Intimates is a Canadian corporation having its corporate headquarters at 518 Victoria Park Ave. , Toronto, Ontario M4E 3T4. 3. Upon information and belief, Defendant Andrea Clair is a Canadian individual having a place of residence at 518 Victoria Park Ave., Toronto, Ontario M4E 3T4. 4. Upon information and belief, Defendant Anastasios Koskinas is a Canadian individual having a place of residence at 518 Victoria Park Ave. , Toronto, Ontario M4E 3T4. JURISDICTION AND VENUE 5. This is a civil action for declaratory judgment brought under the Declaratory Judgment Act, 28 U.S.C. 2201 and 2202, and arises under the patent laws of the United States, Title 35 of the United States Code (35 U.S.C. 101 , et seq.). The Court has subject matter jurisdiction over the action pursuant to 28 U.S.C. 1331 and 1338(a), as it involves substantial claims arising under the Patent Laws of the United States together with related claims for patent infringement. 6. Personal juridiction is proper in this Court as to Defendant Wink Intimates because, upon information and belief, Wink Intimates solicits business and conducts business within the State ofNew Jersey through authorized retailers having commercial and residential sales in the State of New Jersey. Venue is proper in this judicial district pursuant to 28 U.S.C. 1391(b), 1391(c), and 1400(b). 2 Case 2:13-cv-05920-FSH-MAH Document 1 Filed 10/03/13 Page 3 of 9 PageID: 3 7. Upon information and belief, personal jurisdiction is proper against Defendant Andrea Clair because Andrea Clair has licensed rights in her intellectual property to Wink Intimates for exploitation within the State of New Jersey. Venue is proper in this judicial district pursuant to 28 U.S.C. 1391(b), 1391(c), and 1400(b). 8. Upon information and belief, personal jurisdiction is proper against Defendant Anastasios Koskinas because Anastasios Koskinas has licensed rights in his intellectual property to Wink Intimates for exploitation within the State of New Jersey. Venue is proper in this judicial district pursuant to 28 U.S.C. 1391(b), 1391(c), and 1400(b). 9. Tristar Products is alleged by Defendants to have committed acts of patent infringement in this district as it is a resident of this district and conducts its allegedly infringing activities within this district. BACKGROUND 10. Tristar Products is a developer, manufacturer, and marketer of various consumer products including, but not limited to, home appliances, fitness equipment, health and beauty articles, and hardware. 11. Among the products sold by Tristar Products is the MILAN A BRA TM (hereinafter the "Accused Product"). 12. Upon information and belief, Wink Intimates is the owner of Clair U.S. Design Patent No. D622,4 78, which was issued on April 31 , 2010 and is entitled "Combination Brassiere and Tank Top" (hereinafter the "' 478 Design Patent"), a true and correct copy of which is attached hereto as Exhibit A. 3 Case 2:13-cv-05920-FSH-MAH Document 1 Filed 10/03/13 Page 4 of 9 PageID: 4 13. Upon information and belief, Wink Intimates is the owner of Clair U.S. Patent No. 8, 182,31 0, which was issued on May 22, 2012 and is entitled "Combination Brassiere and Tank Top" (hereinafter the "' 310 Patent"), a true and correct copy of which is attached hereto as Exhibit B. 14. Upon information and belief, Andrea Clair and Anastasios Koskinas are the owners of Clair U.S. Patent No. 8,506,347, which was issued on August 13, 2013 and is entitled "Combination Brassiere and Tank Top" (hereinafter the "' 347 Patent"), a true and correct copy of which is attached hereto as Exhibit C. 15. Upon information and belief, Defendants are the owners and/or licensees of, with the ability to enforce, the ' 4 78 Design Patent, the ' 31 0 Patent, and the ' 34 7 Patent (collectively, "the Patents"). THE CONFLICT 16. On September 4, 2013 Defendant Wink Intimates, through its attorney, notified Plaintiff via letter (hereinafter "the Letter") that the Accused Product infringed the Patents. A true and correct copy of the Letter is attached hereto as Exhibit D. 17. The Letter stated that "Wink Intimates is prepared to protect its intellectual property through all means necessary. " Exh. D, para. 4. 18. Further, the Letter stated "please contact me within 30 days. If I do not hear from you, no further notice will be delivered prior to filing suit. " Exh. D, para. 4. 19. Defendants, through their actions, have impeded the activities of Plaintiff. There is a substantial controversy between Tristar Products and the Defendants, parties with adverse legal interests, over the alleged infringement of the Patents by the Accused Product. As a 4 Case 2:13-cv-05920-FSH-MAH Document 1 Filed 10/03/13 Page 5 of 9 PageID: 5 result, there is a justiciable controversy of sufficient immediacy and reality to warrant the issuance of a declaratory judgment. FIRST CLAIM FOR RELIEF Declaration of of the '478 Patent 20. Tristar Products realleges and incorporates the allegations set forth in Paragraph 1 through Paragraph 19. 21. This cause of action arises under 35 U.S.C. 281 et seq. 22. By virtue of Defendants' acts asserting rights under the Patents with respect to Tristar Products' Accused Product, there is an actual and justiciable controversy between Tristar Products and Defendants as to whether Tristar Products is infringing the ' 478 Design Patent. 23. Tristar Products does not infringe, induce infringement of, and/or contributorily infringe, and has not infringed, induced infringement of, and/or contributorily infringed any valid and enforceable claim of the ' 478 Design Patent. 24. Without declaratory relief, Tristar Products will be irreparably harmed and damaged. SECOND CLAIM FOR RELIEF Declaration of Non-Infrineement of the '310 Patent 25. Tristar Products realleges and incorporates the allegations set forth in Paragraph 1 through Paragraph 19. 26. This cause of action arises under 35 U.S.C. 281 et seq. 27. By virtue of Defendants' acts asserting rights under the Patents with respect to Tristar Products' Accused Product, there is an actual and justiciable controversy between Tristar Products and Defendants as to whether Tristar Products is infringing the ' 31 0 Patent. 5 Case 2:13-cv-05920-FSH-MAH Document 1 Filed 10/03/13 Page 6 of 9 PageID: 6 28. Tristar Products does not infringe, induce infringement of, and/or contributorily infringe, and has not infringed, induced infringement of, and/or contributorily infringed any valid and enforceable claim of the '3I 0 Patent. 29. Without declaratory relief, Tristar Products will be irreparabl y harmed and damaged. THIRD CLAIM FOR RELIEF Declaration of Non-Infrineement of the '347 Patent 30. Tristar Products realleges and incorporates the allegations set forth in Paragraph I through Paragraph 19. 31. This cause of action arises under 35 U.S.C. 281 et seq. 32. By virtue of Defendants' acts asserting rights under the Patents with respect to Tristar Products' Accused Product, there is an actual and justiciable controversy between Tristar Products and Defendants as to whether Tristar Products is infringing the ' 347 Patent. 33. Tristar Products does not infringe, induce infringement of, and/or contributorily infringe, and has not infringed, induced infringement of, and/or contributorily infringed any val id and enforceable claim ofthe '347 Patent. 34. Without declaratory relief, Tristar Products will be irreparably harmed and damaged. FOURTH CLAIM FOR RELIEF Declaration of Invalidity of the '478 Desien Patent 35. Tristar Products realleges and incorporates the allegations set forth in Paragraph I through Paragraph 19. 36. The ' 478 Design Patent is invalid and void for failure to comply with the requirements of35 U.S.C. 101 , 102, 103, and/or I12. 6 Case 2:13-cv-05920-FSH-MAH Document 1 Filed 10/03/13 Page 7 of 9 PageID: 7 37. An actual and justiciable controversy exists between Tristar Products and Defendants regarding whether or not each claim of the ' 478 Design Patent is valid. 38. Without declaratory relief, Tristar Products will be irreparably harmed and damaged. 39. Tristar Products is entitled to a judgment declaring that each claim of the ' 478 Design Patent is invalid for failure to comply with the requirements of35 U.S.C. 101 , 102, 103, and/or 112. FIFTH CLAIM FOR RELIEF Declaration of Invalidity of the '310 Patent 40. Tristar Products realleges and incorporates the allegations set forth in Paragraph 1 through Paragraph I9. 41. The ' 310 Patent is invalid and void for failure to comply with the requirements of35 U.S.C. IOI , I02, I03, and/or II2. 42. An actual and justiciable controversy exists between Tristar Products and Defendants regarding whether or not each claim of the ' 31 0 Patent is valid. 43. Without declaratory relief, Tristar Products will be irreparably harmed and damaged. 44. Tristar Products is entitled to a judgment declaring that each claim of the ' 3IO Patent is invalid for failure to comply with the requirements of 35 U.S.C. I 0 I , I 02, 103, and/or 112. SIXTH CLAIM FOR RELIEF Declaration of Invalidity of the '347 Patent 45. Tristar Products realleges and incorporates the allegations set forth in Paragraph I through Paragraph I9. 46. The '347 Patent is invalid and void for failure to comply with the requirements of35 U.S.C. IOl , I02, I03, and/or II2. 7 Case 2:13-cv-05920-FSH-MAH Document 1 Filed 10/03/13 Page 8 of 9 PageID: 8 4 7. An actual and justiciable controversy exists between Tristar Products and Defendants regarding whether or not each claim of the ' 347 Patent is valid. 48. Without declaratory relief, Tristar Products will be irreparabl y harmed and damaged. 49. Tristar Products is entitled to a judgment declaring that each claim of the ' 347 Patent is invalid for failure to comply with the requirements of35 U.S.C. 101 , 102, 103, and/or 112. PRAYER FOR RELIEF WHEREFORE, Tristar Products prays that the Court enter judgment against Defendants Wink Intimates, Andrea Clair, and Anastasios Koskinas: A. A declaration that Tristar Products has not infringed, induced infringement of, or contributorily infringed, and does not infringe, induce infringement of, and/or contributorily infringe, any valid and enforceable claim of Clair U.S. Design Patent No. D622,478; B. A declaration that Tristar Products has not infringed, induced infringement of, or contributorily infringed, and does not infringe, induce infringement of, and/or contributorily infringe, any valid and enforceable claim of Clair U.S. Patent No. 8, 182,31 0; C. A declaration that Tristar Products has not infringed, induced infringement of, or contributorily infringed, and does not infringe, induce infringement of, and/or contributorily infringe, any valid and enforceable claim of Clair U.S. Patent No. 8,506,347; D. A declaration that Clair U.S. Design Patent No. D622,478 is invalid and void for failure to comply with the requirements of35 U.S.C. 101 , 102,103, and/or 112; E. A declaration that Clair U.S. Patent No. 8,182,310 is invalid and void for failure to comply with the requirements of35 U.S.C. 101 , 102,103, and/or 112; 8 Case 2:13-cv-05920-FSH-MAH Document 1 Filed 10/03/13 Page 9 of 9 PageID: 9 F. A declaration that Clair U.S. Patent No. 8,506,347 is invalid and void for failure to comply with the requirements of35 U.S.C. 101 , 102,103, and/or 112; G. A declaration that this case is "exceptional" within the meaning of35 U.S.C. 285; H. An award to Tristar Products of its costs, attorney fees , and expenses pursuant to 35 U.S.C. 285; and I. That Tristar Products be awarded such other and further relief as this Court deems proper and just. DEMAND FOR JURY TRIAL Tristar Products demands a trial by jury of all issues properly triable to a jury in this case. Respectfully submitted this 3'd day of OCTOBER 2013, By: ft--- tciWardP. Bakos ( ebakos@bakoskritzer.com) Noam J. Kritzer (nkritzer@bakoskritzer.com) Bakos & Kritzer 147 Columbia Turnpike, Suite 102 Florham Park, New Jersey 07932 Telephone: _908-273-0770 Facsimile: 973-520-8260 Attorneys for Plaintiff Tristar Products, Inc. 9 JS 44 (Rev. 12/12) CIVIL COVER SHEET 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 (b) County of Residence of First Listed Plaintiff 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, Email and Telephone Number) Attorneys (If Known) 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) 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 400 State Reapportionment 130 Miller Act 315 Airplane Product Product Liability 690 Other 28 USC 157 410 Antitrust 140 Negotiable Instrument Liability 367 Health Care/ 430 Banks and Banking 150 Recovery of Overpayment 320 Assault, Libel & Pharmaceutical PROPERTY RIGHTS 450 Commerce & Enforcement of Judgment Slander Personal Injury 820 Copyrights 460 Deportation 151 Medicare Act 330 Federal Employers Product Liability 830 Patent 470 Racketeer Influenced and 152 Recovery of Defaulted Liability 368 Asbestos Personal 840 Trademark Corrupt Organizations Student Loans 340 Marine Injury Product 480 Consumer Credit (Excludes Veterans) 345 Marine Product Liability LABOR SOCIAL SECURITY 490 Cable/Sat TV 153 Recovery of Overpayment Liability PERSONAL PROPERTY 710 Fair Labor Standards 861 HIA (1395ff) 850 Securities/Commodities/ of Veterans Benefits 350 Motor Vehicle 370 Other Fraud Act 862 Black Lung (923) Exchange 160 Stockholders Suits 355 Motor Vehicle 371 Truth in Lending 720 Labor/Management 863 DIWC/DIWW (405(g)) 890 Other Statutory Actions 190 Other Contract Product Liability 380 Other Personal Relations 864 SSID Title XVI 891 Agricultural Acts 195 Contract Product Liability 360 Other Personal Property Damage 740 Railway Labor Act 865 RSI (405(g)) 893 Environmental Matters 196 Franchise Injury 385 Property Damage 751 Family and Medical 895 Freedom of Information 362 Personal Injury - Product Liability Leave Act Act Medical Malpractice 790 Other Labor Litigation 896 Arbitration REAL PROPERTY CIVIL RIGHTS PRISONER PETITIONS 791 Employee Retirement FEDERAL TAX SUITS 899 Administrative Procedure 210 Land Condemnation 440 Other Civil Rights Habeas Corpus: Income Security Act 870 Taxes (U.S. Plaintiff Act/Review or Appeal of 220 Foreclosure 441 Voting 463 Alien Detainee or Defendant) Agency Decision 230 Rent Lease & Ejectment 442 Employment 510 Motions to Vacate 871 IRSThird Party 950 Constitutionality of 240 Torts to Land 443 Housing/ Sentence 26 USC 7609 State Statutes 245 Tort Product Liability Accommodations 530 General 290 All Other Real Property 445 Amer. w/Disabilities - 535 Death Penalty IMMIGRATION Employment Other: 462 Naturalization Application 446 Amer. w/Disabilities - 540 Mandamus & Other 465 Other Immigration Other 550 Civil Rights Actions 448 Education 555 Prison Condition 560 Civil Detainee - Conditions of Confinement V. ORIGIN (Place an X in One Box Only) 1 Original Proceeding 2 Removed from State Court 3 Remanded from Appellate Court 4 Reinstated or Reopened 5 Transferred from Another District (specify) 6 Multidistrict Litigation VI. CAUSE OF ACTION Cite the U.S. Civil Statute under which you are filing (Do not cite jurisdictional statutes unless diversity):
Brief description of cause: VII. REQUESTED IN COMPLAINT: CHECK IF THIS IS A CLASS ACTION UNDER RULE 23, F.R.Cv.P. DEMAND $ CHECK YES only if demanded in complaint: JURY DEMAND: Yes No VIII. RELATED CASE(S) IF ANY (See instructions): JUDGE DOCKET NUMBER DATE SIGNATURE OF ATTORNEY OF RECORD FOR OFFICE USE ONLY RECEIPT # AMOUNT APPLYING IFP JUDGE MAG. JUDGE Case 2:13-cv-05920-FSH-MAH Document 1-1 Filed 10/03/13 Page 1 of 2 PageID: 10 Tristar Products, Inc. Essex County, NJ Edward P. Bakos/Noam J. Kritzer, Bakos & Kritzer, 147 Columbia Turnpike, Florham Park, New Jersey 07932 Wink Intimates, Andrea Clair, Anastasios Koskinas Canada 35 U.S.C. Section 271, et seq. Declaratory Judgment of Patent Non-Infringement Print Save As... Reset JS 44 Reverse (Rev. 12/12) INSTRUCTIONS FOR ATTORNEYS COMPLETING CIVIL COVER SHEET FORM JS 44 Authority For Civil Cover Sheet The JS 44 civil cover sheet and the information contained herein neither replaces nor supplements the filings and service of pleading 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. Consequently, a civil cover sheet is submitted to the Clerk of Court for each civil complaint filed. The attorney filing a case should complete the form as follows: I.(a) Plaintiffs-Defendants. Enter names (last, first, middle initial) of plaintiff and defendant. If the plaintiff or defendant is a government agency, use only the full name or standard abbreviations. If the plaintiff or defendant is an official within a government agency, identify first the agency and then the official, giving both name and title. (b) County of Residence. For each civil case filed, except U.S. plaintiff cases, enter the name of the county where the first listed plaintiff resides at the time of filing. In U.S. plaintiff cases, enter the name of the county in which the first listed defendant resides at the time of filing. (NOTE: In land condemnation cases, the county of residence of the "defendant" is the location of the tract of land involved.) (c) Attorneys. Enter the firm name, address, telephone number, and attorney of record. If there are several attorneys, list them on an attachment, noting in this section "(see attachment)". II. Jurisdiction. The basis of jurisdiction is set forth under Rule 8(a), F.R.Cv.P., which requires that jurisdictions be shown in pleadings. Place an "X" in one of the boxes. If there is more than one basis of jurisdiction, precedence is given in the order shown below. United States plaintiff. (1) Jurisdiction based on 28 U.S.C. 1345 and 1348. Suits by agencies and officers of the United States are included here. United States defendant. (2) When the plaintiff is suing the United States, its officers or agencies, place an "X" in this box. Federal question. (3) This refers to suits under 28 U.S.C. 1331, where jurisdiction arises under the Constitution of the United States, an amendment to the Constitution, an act of Congress or a treaty of the United States. In cases where the U.S. is a party, the U.S. plaintiff or defendant code takes precedence, and box 1 or 2 should be marked. Diversity of citizenship. (4) This refers to suits under 28 U.S.C. 1332, where parties are citizens of different states. When Box 4 is checked, the citizenship of the different parties must be checked. (See Section III below; NOTE: federal question actions take precedence over diversity cases.) III. Residence (citizenship) of Principal Parties. This section of the JS 44 is to be completed if diversity of citizenship was indicated above. Mark this section for each principal party. IV. Nature of Suit. Place an "X" in the appropriate box. If the nature of suit cannot be determined, be sure the cause of action, in Section VI below, is sufficient to enable the deputy clerk or the statistical clerk(s) in the Administrative Office to determine the nature of suit. If the cause fits more than one nature of suit, select the most definitive. V. Origin. Place an "X" in one of the six boxes. Original Proceedings. (1) Cases which originate in the United States district courts. Removed from State Court. (2) Proceedings initiated in state courts may be removed to the district courts under Title 28 U.S.C., Section 1441. When the petition for removal is granted, check this box. Remanded from Appellate Court. (3) Check this box for cases remanded to the district court for further action. Use the date of remand as the filing date. Reinstated or Reopened. (4) Check this box for cases reinstated or reopened in the district court. Use the reopening date as the filing date. Transferred from Another District. (5) For cases transferred under Title 28 U.S.C. Section 1404(a). Do not use this for within district transfers or multidistrict litigation transfers. Multidistrict Litigation. (6) Check this box when a multidistrict case is transferred into the district under authority of Title 28 U.S.C. Section 1407. When this box is checked, do not check (5) above. VI. Cause of Action. Report the civil statute directly related to the cause of action and give a brief description of the cause. Do not cite jurisdictional statutes unless diversity. Example: U.S. Civil Statute: 47 USC 553 Brief Description: Unauthorized reception of cable service VII. Requested in Complaint. Class Action. Place an "X" in this box if you are filing a class action under Rule 23, F.R.Cv.P. Demand. In this space enter the actual dollar amount being demanded or indicate other demand, such as a preliminary injunction. Jury Demand. Check the appropriate box to indicate whether or not a jury is being demanded. VIII. Related Cases. This section of the JS 44 is used to reference related pending cases, if any. If there are related pending cases, insert the docket numbers and the corresponding judge names for such cases. Date and Attorney Signature. Date and sign the civil cover sheet. Case 2:13-cv-05920-FSH-MAH Document 1-1 Filed 10/03/13 Page 2 of 2 PageID: 11
EXHIBIT A Case 2:13-cv-05920-FSH-MAH Document 1-2 Filed 10/03/13 Page 1 of 4 PageID: 12 Case 2:13-cv-05920-FSH-MAH Document 1-2 Filed 10/03/13 Page 2 of 4 PageID: 13 111111 1111111111111111111111111111111111111111111111111111111111111 c12) United States Design Patent Clair et al. (54) COMBINATION BRASSIERE AND TANK TOP (76) Inventors: Andrea T. Clair, Toronto (CA); Anastasios Koskinas, Toronto (CA) (**) Term: 14 Years (21) Appl. No.: 29/300,471 (22) Filed: Mar. 31,2008 (51) LOC (9) Cl. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 02-01 (52) U.S. Cl. ....................................................... D2/706 (58) Field of Classification Search . ... ... ... D2/706-711, (56) D2/731, 736; 2/67,73, 113, 118, 913; 450/50, 450/65, 70, 31, 93 See application file for complete search history. References Cited U.S. PATENT DOCUMENTS D318,749 s * 5,045,018 A * 5,882,242 A * 6,113,460 A * D452,601 S * 8/1991 Suleiman ..................... D2/708 9/1991 Costanzo . ... .. ... ... ... ... .. . 450/31 3/1999 Hardy .. ... .. ... ... ... ... ... .. . 450/93 9/2000 McKeown . ... ... ... ... ... .. . 450/31 112002 Allen et al ................... D2/706 USOOD622478S (10) Patent No.: US D622,4 78 S ** Aug. 31, 2010 (45) Date of Patent: 6,918,813 B2 * 7/2005 Hass ........................... 450/75 D522,717 S * 6/2006 Aurilia eta!. ................ D2/706 7,083,494 B2 * 8/2006 Sandroussi et al ............. 450/31 D546,028 S * 7/2007 Lin ............................. D2/706 D560,877 S * 2/2008 Utaka .......................... D2/706 * cited by examiner Primary Examiner-Philip S Hyder Assistant Examiner-Anna J Burmeister (74)Attorney, Agent, or Firm-William D. Hare; McNeely & Hare LLP (57) CLAIM The ornamental design for a combination brassiere and tank top, as shown and described: DESCRIPTION FIG. 1 is a rear elevational view of a combination brassiere and tank top, showing our new design; and, FIG. 2 is a front elevational view thereof. The broken lines shown in the drawings are for environmental purposes only and form no part of the claimed design. 1 Claim, 2 Drawing Sheets Case 2:13-cv-05920-FSH-MAH Document 1-2 Filed 10/03/13 Page 3 of 4 PageID: 14 U.S. Patent Aug. 31, 2010 I <:::-, ....... -- .............. - -- I .............. - ----- .............. .._.::::;: ____ _ ............. __ -- / ' ._... -- ___. ....... ......:-- .............. - --....... - - - - ,.,... - ,.,... / / , __ / ?- --- /,., - ' / / / / ______ , / /.; - ---. Sheet 1 of2 I -- ' \ \ \ \ ,, u US D622,4 78 S (!) LL Case 2:13-cv-05920-FSH-MAH Document 1-2 Filed 10/03/13 Page 4 of 4 PageID: 15 U.S. Patent Aug. 31, 2010 Sheet 2 of2 US D622,4 78 S ,....._ -, 1-'Ul..l
// --( // ___ ..,.,.,. J -- -- -.;=.....- - -- - = --- --!7 ( _. - , ... JL-- -- I / _,.. ----- I I 1 1 4 / II I trl/ II ( II II \. '' I '' I ''' I ,, """' - ' '' .;:: -- - -_, , ......... """..:::::--- -/ .............. ,_- -- '"""- -- -- - - - -- / ?- / .... --- ""'>, ..,.,_:----
EXHIBIT B Case 2:13-cv-05920-FSH-MAH Document 1-3 Filed 10/03/13 Page 1 of 6 PageID: 16 Case 2:13-cv-05920-FSH-MAH Document 1-3 Filed 10/03/13 Page 2 of 6 PageID: 17 c12) United States Patent Clair et al. (54) COMBINATION BRASSIERE AND TANK TOP (75) Inventors: Andrea T. Clair, Toronto (CA); Anastasios Koskinas, Toronto (CA) (73) Assignee: Wink Intimates, Toronto (CA) ( *) Notice: Subject to any disclaimer, the term of this patent is extended or adjusted under 35 U.S.C. 154(b) by 424 days. (21) Appl. No.: 12/498,136 (22) Filed: Jul. 6, 2009 (65) Prior Publication Data US 2009/0270013 Al Oct. 29, 2009 Related U.S. Application Data (63) Continuation of application No. 29/300,471, filed on Mar. 31, 2008, now Pat. No. Des. 622,478. (51) Int. Cl. A41C 3100 (2006.01) (52) U.S. Cl. ............................................ 450/30; 450/33 (58) Field of Classification Search . ... ... ... ... .. . 450/7-11, 450/23-28, 15-18, 30-35, 92, 93, 1; 21105, 2/106, 109-110, 113-115, 73, 78.1-78.4, 2/46, 69 See application file for complete search history. 111111 1111111111111111111111111111111111111111111111111111111111111 US00818231 OB2 (10) Patent No.: US 8,182,310 B2 May 22,2012 (45) Date of Patent: (56) References Cited U.S. PATENT DOCUMENTS 2,863,460 A * 2,869,552 A * 3,225,768 A * 4,781,650 A * 5,269,720 A * 5,873,767 A * 6,935,921 B1 * 7,083,494 B2 * 7,306,505 B2 * 7,409,728 B2 * 7,549,908 B2 * 12/1958 Monroe .......................... 450/11 111959 Smith ............................. 450/32 12/1965 Galitzki eta!. ................. 450/39 1111988 Budd .............................. 450/55 12/1993 Moretz et al .................... 450/37 2/1999 Pickett .............................. 450/1 8/2005 Eudenbach eta!. ............ 450/54 8/2006 Sandroussi et al .............. 450/31 12/2007 Barbour et al .................. 450/30 8/2008 Harry ................................ 2/106 6/2009 Yudkoff .......................... 450/62 * cited by examiner Primary Examiner- Gloria Hale (7 4) Attorney, Agent, or Firm -McNeely, Hare & War LLP; William P. Hare (57) ABSTRACT The inventions relate to a garment that combines a foam cup, underwire bra combined with a tank top overlay made of a spandex blend or lace fabric for the tank top. The bra function is provided by underwires and specially formed foam cups for support and shaping of the breasts. The tank top portion of the garment is attached to one of the shoulder straps which are diagonally fixed to the tank top portion of the garment. The tank top portion of the invention is attached from each side as well as the bottom of the garment, in a unique "tum-under" sewing technique. A lace or combination spandex mix fabric attaches from the outside of the cups to the lace band at the back of the garment. This garment is used under low cut dresses and blouses, to cover cleavage and decolletage, which is an employment standard for many companies. 20 Claims, 2 Drawing Sheets Case 2:13-cv-05920-FSH-MAH Document 1-3 Filed 10/03/13 Page 3 of 6 PageID: 18 U.S. Patent May 22,2012 Sheet 1 of2 US 8,182,310 B2 Case 2:13-cv-05920-FSH-MAH Document 1-3 Filed 10/03/13 Page 4 of 6 PageID: 19 U.S. Patent May 22,2012 Sheet 2 of2 US 8,182,310 B2 N II! - u. Case 2:13-cv-05920-FSH-MAH Document 1-3 Filed 10/03/13 Page 5 of 6 PageID: 20 US 8,182,310 B2 1 COMBINATION BRASSIERE AND TANK TOP CROSS-REFERENCE TO RELATED APPLICATIONS This application is a continuation of, and claims priority from, U.S. patent application Ser. No. 29/300,471, the con- tents of which are incorporated herein in their entirety by reference. TECHNICAL FIELD OF THE INVENTION This invention relates to a foam cup, underwire bra with one to three shoulder straps, the foam cups and underwires provide support and lift for small to very large breast, provid- ing full coverage of the nipple. The overlay, tank top portion of the garment, covers the cups to provide the appearance of a bra with a tank top overtop. BACKGROUND OF THE INVENTION The bra, the foam cup bra, the underwire bra and the tank top each individually are well known articles in the garment industry. Each article on its own provides a specific duty. A soft bra made only with fabric, is designed to gently support the breasts. An underwire fabric bra, provides more support than a regular fabric bra. A foam cup underwire bra, provides a solution for better support, and shaping of the breast. Each type ofbra, provides a totally different result and is purchased by women with different needs. The tank top does not provide any support, lift or coverage 2 DESCRIPTION OF THE DRAWINGS FIG. 1 is a view of the interior of the tank bra. FIG. 2 is a view of the front of the tank bra. DETAILED DESCRIPTION The foam cup, underwire bra with tank top addresses a technical problem felt by women. The inventor has recog- 10 nized that there is a need for such a garment that provides the lift, support, shaping and coverage, which is provided by a foam cup, underwire bra, along with the coverage of the cleavage and lower decolletage as provided by a tank top. The foam cup, underwire bra of the invention is worn to 15 provide lift and support and a specific shaping of the breast as well as coverage of the nipple. Most recently tank tops rather than camisoles have been used to "layer" to provide the cov- erage required of the cleavage and chest, but they ride up on the body, creating lumps and bumps of the fabric, and create 20 additional heat because of the additional layer of clothing. However, both make the wearer uncomfortable and hot. The foam, cup, under wire bra with attached tank top addresses the requirement women have for wearing addi- tional layers of clothing, a bra plus a tank top, under low cut 25 garments, especially in the hot spring, summer and fall months, when an extra layer of clothing only adds to heat and discomfort. Additionally menopausal women and women who heat up easily will appreciate the elimination of an addi- tiona! layer of clothing under dresses and blouses. The 30 designers of clothing are continuing to design dresses, blouses and tops with plunging necklines. Deep V-necks have become the norm in fashion, low cut garments for women are completely inappropriate attire for career women and women of the breasts, and does not provide shaping of the breast. The tank top is designed to often be worn over a bra, as a garment 35 to be worn on its own, or under another article of clothing. The combination of the tank top over foam cups, supported by underwires is unique to this invention. It is very different from in situations that require coverage of the cleavage. Presently, many items in a women's wardrobe are virtually useless, except for an evening out on the town. This invention is designed to address this problem, allowing women to maxi- mize their wardrobes and wear these articles without an addi- tion tank top over the bra. The additional layer of clothing, as a soft cup bra with a lace overlay. The foam cup, underwire bra of this invention is designed to support, shape and lift the breast, while providing full coverage of the nipple. SUMMARY The invention is directed to a foam cup, underwire bra with a tank top attached, which allows women to wear one under- garment rather than two garments under low cut dresses and blouses. The invention includes foam cups which are designed to support and uplift the breast, giving shape to the breast, while providing full coverage of the nipple area. The foam cups are specifically shaped and angled to support the breast in an angle to uplift the breasts in a natural form. The shoulder straps arc sewn directly into the foam cups, which seamlessly anchors the Shoulder straps to the cups. The cups are then covered by the Lycra blend fabric that has been bubble molded to shape over the foam cups. 40 in "tank tops" adds an additional layer, making women feel heavier and hot. The addition of a tank top under a dress, rides up, creating bumps and bulges, which only exasperates the problem. As shown in FIG. 1 (Interior View) the garment of the 45 present invention includes a foam cup underwire bra with a tank top overlay over the front of the bra. The front panel, location 7 provides full coverage on the front portion from one side across to the other side of the bra portion. The tank top portion, location 7a extends from side to side as well as 50 from below the underwires, location 2 with a unique "tum over" design, up to the portion where the shoulder straps start, location 4, providing coverage of part of the decolletage and all of the cleavage. The said garment may be made with one, two or three 55 shoulder straps as shown in figure one, location 4. These straps are separate and positioned on an angle for full support using narrow straps. These straps are attached to the back portion of the shoulder strap, location 3 and are made offabric The invention includes underwires which are attached to 60 the base of the foam cups to further support the breast and foam cups. with or without stretch or a combination of both. The back portion of the shoulder strap, location 3, is attached at the back to an adjustable elastic strap, location 3a (FIG. 2), that is attached by a slider, location 9; this adjustable elastic strap is adjustable using sliders, location 8 (FIG. 2). Covering the foam cups, the underwires, the cleavage and decolletage is a Lycra blend fabric, which looks like a tank top. This fabric is attached from the outside of each foam cup, attached at the bottom under the underwires in a unique "turn under" sewing technique. The center shoulder strap, for the garment with three shoul- 65 der straps, location 4a in FIG. 1, or the shoulder strap, for the garment with one shoulder strap, at the front of the garment, becomes the binding material that holds together the frame of Case 2:13-cv-05920-FSH-MAH Document 1-3 Filed 10/03/13 Page 6 of 6 PageID: 21 US 8,182,310 B2 3 the garment. The other remaining shoulder straps, location 4, are attached internally to the foam cups, location 1 (FIG. 2). The foam cups, location 1 may or may not provide an insert for a foam or gel insert to provide extra fullness to make the breasts appear larger. Underwires made of flexible material, location 2, are held in place by binding material, location 4a. The tank top portion of this garment is attached from the middle strap, location 4a, held together by binding material. The fabric is bubble molded over the cups, location 1 of FIG. 2 and sewn beneath the underwires, location 2. The tank top 10 portion of the garment is made of a LYCRA (spandex) blend fabric, location 7a, FIG. 2. The tank top portion of the garment is attached on both sides to lace or LYCRA (span- dex) blend band, location 5, FIG. 2, which is a 3-4 inch lace band, location 5, FIG. 2. The LYCRA (spandex) or lace band, location 5, FIG. 2, is attached to a fastener or closure 15 comprising of hook and eye to securely fasten the garment, location 6, FIG. 2. EXAMPLE OF INTENDED USE The intended use of this invention is to be worn under a wrap style dress, which has a very low cut plunging neckline. Typically the user of this style of clothing would be required 20 to wear a full support bra, with a tank top over the bra to cover the excessive low cut of the bra which exposes all of the 25 wearer's cleavage and decolletage. This type of dress although a great career dress with the appropriate undergar- ment, is not useable for work or situations that require cov- erage of cleavage, 4 4. The bra of claim 2, wherein the underwire is made up of a flexible material. 5. The braofclaim2, whereintheunderwireisheldinplace by a binding material. 6. The bra of claim 1, wherein the foam cups are convex shaped and configured to support, uplift and give shape to the breast. 7. The bra of claim 6, wherein the foam cups are specifi- cally shaped and angled to support the breast to uplift the breast in a natural form. 8. The bra of claim 1, wherein the foam cups provides full coverage of the nipple area of the breast of the wearer. 9. The bra of claim 1, wherein the tank top portion com- prises a (spandex) blend fabric. 10. The bra of claim 9, wherein the (spandex) blend fabric has been molded to shape over the foam cups. 11. The bra of claim 10, wherein opposite sides of the (spandex) blend fabric are attached to the band portions. 12. The bra of claim 11, wherein the bands are (spandex) blend bands. 13. The bra of claim 1, wherein the attachment means comprise of a hook and an eye. 14. The bra of claim 1, wherein the shoulder straps are sewn directly into the foam cups to seamlessly anchor the shoulder straps to the foam cup. 15. The bra of claim 14, wherein the front portion of the shoulder straps includes one of one, two or three shoulder straps. 16. The bra of claim 15, wherein the back portion of the shoulder strap has an adjustable length. The foam cup underwire bra, with built in tank top, pro- vides a solution as it provides a seamless, well formed under- garment, that does not create additional heat, bumps or bulges nor is there any material to "ride up" causing the unsightly bulges which result from wearing a full tank top under a dress. 30 17. The bra of claim 9, wherein the tank top fabric is attached to an outside surface of each foam cup and attached to a bottom surface of the foam cups in a turn-under sewing technique. We claim: 1. A bra comprising: 18. A method of wearing a low cut neckline dress without the need for an additional covering undergarment, the method 35 comprising providing a bra comprising: a foam cup portion having a pair of foam cups and a pair of surfaces, an inside surface configured to fit over the breasts and an outside surface on the opposite side of the foam cup portion, the pair of foam cups being positioned 40 at an upper direction to define a decolletage region between the two cups and at a lower direction to define a lower exposed region between lower portions of the two cups; a tank top portion positioned against the outside surface of the foam cup portion and extending above and below the 45 foam cup portions to cover a part of the decolletage region, all of the cleavage and a partofthelowerexposed region; a pair of band portions extending away from the foam cup portion, each band portion terminating in an end having 50 attachment means to attach to the attachment means of the other band portion; and a pair of shoulder straps having a front portion and a back portion, the front portion having a first end and a second end, the first end being attached to one of the foam cups 55 and the second end being attached to the back portion of the shoulder strap, the back portion of the shoulder strap having a first end and a second end, the first end being attached to the second end of the front portion of the shoulder strap and the second end of the back portion 60 being attached to the band portion. 2. The bra of claim 1, wherein the foam cups define a base region having a contour and wherein the base region is under- wired to follow the contour. 3. The bra of claim 1, wherein the foam cups have an insert for foam or gel. a foam cup portion having a pair offoam cups and a pair of surfaces, an inside surface, configured to fit over the breasts and an outside surface, on the opposite side of the foam cup portion, the pair of foam cups being positioned at an upper direction to define a decolletage region between the two cups and at a lower direction to define a lower exposed region between lower portions of the two cups; a tank top portion positioned against the outside surface of the foam cup portion and extending above and below the foam cup portions to cover a part of the decolletage region, all of the cleavage and a part of the lower exposed region; a pair of band portions extending away from the foam cup portion, each band portion terminating in an end having attachment means to attach to the attachment means of the other band portion; and a pair of shoulder straps having a front portion and a back portion, the front portion having a first end and a second end, the first end being attached to one of the foam cups and the second end being attached to the back portion of the shoulder straps, the back portion of the shoulder strap having a first end and a second end, the first end of the back portion being attached to the second end of the front portion of the shoulder strap and the second end of the back portion being attached to the band portion. 19. The method of claim 18, wherein the tank top portion is in lieu of wearing a tank top. 20. The method of claim 18, wherein the bra portion is in lieu of wearing a separate brassiere. * * * * *
EXHIBIT C Case 2:13-cv-05920-FSH-MAH Document 1-4 Filed 10/03/13 Page 1 of 6 PageID: 22 Case 2:13-cv-05920-FSH-MAH Document 1-4 Filed 10/03/13 Page 2 of 6 PageID: 23 c12) United States Patent Clair et al. (54) COMBINATION BRASSIERE AND TANK TOP (76) Inventors: Andrea T. Clair, Toronto (CA); Anastasios Koskinas, Toronto (CA) ( *) Notice: Subject to any disclaimer, the term of this patent is extended or adjusted under 35 U.S.C. 154(b) by 0 days. This patent is subject to a terminal dis- claimer. (21) Appl. No.: 13/417,844 (22) Filed: Mar. 12, 2012 (65) Prior Publication Data US 2012/0171928Al Jul. 5, 2012 Related U.S. Application Data (63) Continuation of application No. 29/300,471, filed on Mar. 31, 2008, now Pat. No. Des. 622,478, and a continuation of application No. 12/498,136, filed on Jul. 6, 2009, now Pat. No. 8,182,310. (51) Int. Cl. A41C 3108 A41C 3/00 (52) U.S. Cl. (2006.01) (2006.01) USPC ............................................... 450/31; 450/30 (58) Field of Classification Search USPC ................... 450/7-11, 23-28, 15-18, 30-35, 450/92,93, 1; 2/106, 109, 110, 113-115, 2/73, 78.1-78.4, 46, 69 See application file for complete search history. 111111 1111111111111111111111111111111111111111111111111111111111111 US00850634 7B2 (10) Patent No.: US 8,506,34 7 B2 *Aug. 13, 2013 (45) Date of Patent: (56) References Cited U.S. PATENT DOCUMENTS 2,863,460 A * 2,869,552 A * 3,225,768 A * 4,781,650 A * 5,269,720 A * 5,873,767 A * 6,443,805 B1 * 6,530,820 B1 * 6,935,921 B1 * 7,083,494 B2 * 7,306,505 B2 * 7,409,728 B2 * 7,488,234 B2 * 7,549,908 B2 * 8,182,310 B2 * 12/1958 Monroe .......................... 450/11 111959 Smith ............................. 450/32 12/1965 Galitzki eta!. ................. 450/39 1111988 Budd .............................. 450/55 12/1993 Moretz et al .................... 450/37 2/1999 Pickett .............................. 450/1 9/2002 Kirkwood ....................... 450/31 3/2003 Katze eta!. ....................... 450/7 8/2005 Eudenbach eta!. ............ 450/54 8/2006 Sandroussi et al .............. 450/31 12/2007 Barbour et al .................. 450/30 8/2008 Harry ................................ 2/106 212009 Rothman et al ................. 450/36 6/2009 Yudkoff .......................... 450/62 5/2012 Clair eta!. ...................... 450/30 * cited by examiner Primary Examiner- Gloria Hale (74) Attorney, Agent, or Firm- William D. Hare; McNeely, Hare & War, LLP (57) ABSTRACT The inventions relate to a garment that combines a foam cup, underwire bra combined with a tank top overlay made of a spandex blend or lace fabric for the tank top. The bra function is provided by underwires and specially formed foam cups for support and shaping of the breasts. The tank top portion of the garment is attached to one of the shoulder straps which are diagonally fixed to the tank top portion of the garment. The tank top portion of the invention is attached from each side as well as the bottom of the garment, in a unique "tum-under" sewing technique. A lace or combination spandex mix fabric attaches from the outside of the cups to the lace band at the back of the garment. This garment is used under low cut dresses and blouses, to cover cleavage and decolletage, which is an employment standard for many companies. 16 Claims, 2 Drawing Sheets Case 2:13-cv-05920-FSH-MAH Document 1-4 Filed 10/03/13 Page 3 of 6 PageID: 24 U.S. Patent Aug. 13, 2013 Sheet 1 of 2 US 8,506,34 7 B2 FIG.1 Case 2:13-cv-05920-FSH-MAH Document 1-4 Filed 10/03/13 Page 4 of 6 PageID: 25 U.S. Patent Aug.13, 2013 Sheet 2 of2 US 8,506,34 7 B2 FIG.2 Case 2:13-cv-05920-FSH-MAH Document 1-4 Filed 10/03/13 Page 5 of 6 PageID: 26 US 8,506,347 B2 1 COMBINATION BRASSIERE AND TANK TOP CROSS-REFERENCE TO RELATED APPLICATIONS This application is a continuation of, and claims priority from, U.S. patent application Ser. No. 29/300,471, and U.S. Ser. No. 12/498,136, filed on Jul. 6, 2009, the contents ofboth 2 DESCRIPTION OF THE DRAWINGS FIG. 1 is a view of the interior of the tank bra. FIG. 2 is a view of the front of the tank bra. DETAILED DESCRIPTION of which are incorporated herein in their entirety by refer- 10 The foam cup, underwire bra with tank top addresses a technical problem felt by women. The inventor has recog- nized that there is a need for such a garment that provides the lift, support, shaping and coverage, which is provided by a ence. TECHNICAL FIELD OF THE INVENTION This invention relates to a foam cup, underwire bra with one to three shoulder straps, the foam cups and underwires provide support and lift for small to very large breast, provid- ing full coverage of the nipple. The overlay, tank top portion of the garment, covers the cups to provide the appearance of a bra with a tank top overtop. BACKGROUND OF THE INVENTION The bra, the foam cup bra, the underwire bra and the tank top each individually are well known articles in the garment industry. Each article on its own provides a specific duty. A soft bra made only with fabric, is designed to gently support the breasts. An underwire fabric bra, provides more support than a regular fabric bra. A foam cup underwire bra, provides a solution for better support, and shaping of the breast. Each type ofbra, provides a totally different result and is purchased by women with different needs. The tank top does not provide any support, lift or coverage foam cup, underwire bra, along with the coverage of the cleavage and lower decolletage as provided by a tank top. The foam cup, underwire bra of the invention is worn to 15 provide lift and support and a specific shaping of the breast as well as coverage of the nipple. Most recently tank tops rather than camisoles have been used to "layer" to provide the cov- erage required of the cleavage and chest, but they ride up on the body, creating lumps and bumps of the fabric, and create 20 additional heat because of the additional layer of clothing. However, both make the wearer uncomfortable and hot. The foam, cup, under wire bra with attached tank top addresses the requirement women have for wearing addi- tional layers of clothing, a bra plus a tank top, under low cut 25 garments, especially in the hot spring, summer and fall months, when an extra layer of clothing only adds to heat and discomfort. Additionally menopausal women and women who heat up easily will appreciate the elimination of an addi- tiona! layer of clothing under dresses and blouses. The 30 designers of clothing are continuing to design dresses, blouses and tops with plunging necklines. Deep V-necks have become the norm in fashion, low cut garments for women are completely inappropriate attire for career women and women of the breasts, and does not provide shaping of the breast. The 35 tank top is designed to often be worn over a bra, as a garment in situations that require coverage of the cleavage. Presently, many items in a women's wardrobe are virtually useless, except for an evening out on the town. This invention is designed to address this problem, allowing women to maxi- mize their wardrobes and wear these articles without an addi- tion tank top over the bra. The additional layer of clothing, as to be worn on its own, or under another article of clothing. The combination of the tank top over foam cups, supported by underwires is unique to this invention. It is very different from a soft cup bra with a lace overlay. The foam cup, underwire bra of this invention is designed to support, shape and lift the breast, while providing full coverage of the nipple. SUMMARY The invention is directed to a foam cup, underwire bra with a tank top attached, which allows women to wear one under- garment rather than two garments under low cut dresses and blouses. The invention includes foam cups which are designed to support and uplift the breast, giving shape to the breast, while providing full coverage of the nipple area. The foam cups are specifically shaped and angled to support the breast in an angle to uplift the breasts in a natural form. The shoulder straps are sewn directly into the foam cups, which seamlessly anchors the Shoulder straps to the cups. The cups are then covered by the Lycra blend fabric that has been bubble molded to shape over the foam cups. 40 in "tank tops" adds an additional layer, making women feel heavier and hot. The addition of a tank top under a dress, rides up, creating bumps and bulges, which only exasperates the problem. As shown in FIG. 1 (Interior View) the garment of the 45 present invention includes a foam cup underwire bra with a tank top overlay over the front of the bra. The front panel, location 7 provides full coverage on the front portion from one side across to the other side of the bra portion. The tank top portion, location 7a extends from side to side as well as 50 from below the underwires, location 2 with a unique "tum over" design, up to the portion where the shoulder straps start, location 4, providing coverage of part of the decolletage and all of the cleavage. The said garment may be made with one, two or three 55 shoulder straps as shown in figure one, location 4. These straps are separate and positioned on an angle for full support using narrow straps. These straps are attached to the back portion of the shoulder strap, location 3 and are made offabric The invention includes underwires which are attached to 60 the base of the foam cups to further support the breast and foam cups. with or without stretch or a combination of both. The back portion of the shoulder strap, location 3, is attached at the back to an adjustable elastic strap, location 3a (FIG. 2), that is attached by a slider, location 9; this adjustable elastic strap is adjustable using sliders, location 8 (FIG. 2). Covering the foam cups, the underwires, the cleavage and decolletage is a Lycra blend fabric, which looks like a tank top. This fabric is attached from the outside of each foam cup, attached at the bottom under the underwires in a unique "turn under" sewing technique. The center shoulder strap, for the garment with three shoul- 65 der straps, location 4a in FIG. 1, or the shoulder strap, for the garment with one shoulder strap, at the front of the garment, becomes the binding material that holds together the frame of Case 2:13-cv-05920-FSH-MAH Document 1-4 Filed 10/03/13 Page 6 of 6 PageID: 27 US 8,506,347 B2 3 the garment. The other remaining shoulder straps, location 4, are attached internally to the foam cups, location 1 (FIG. 2). The foam cups, location 1 may or may not provide an insert for a foam or gel insert to provide extra fullness to make the breasts appear larger. Underwires made of flexible material, location 2, are held in place by binding material, location 4a. The tank top portion of this garment is attached from the middle strap, location 4a, held together by binding material. The fabric is bubble molded over the cups, location 1 of FIG. 4 a pair of shoulder straps, each shoulder strap with a front end and a back end, wherein each front end is attached to either one of the foam cups or material overlay, or both and the back end being attached to the band portions at the back of the wearer, wherein the material overlay is attached to an outside sur- face of each foam cup and attached under a bottom surface of the foam cups. 2. The bra of claim 1, wherein the foam cups define a base region having a contour and wherein the base region is under- wired along the contour. 3. The bra of claim 2, wherein the underwire is made up of a flexible material. 2 and sewn beneath the underwires, location 2. The tank top 10 portion of the garment is made of a LYCRA (spandex) blend fabric, location 7a, FIG. 2. The tank top portion of the garment is attached on both sides to lace or LYCRA (span- dex) blend band, location 5, FIG. 2, which is a 3-4 inch lace band, location 5, FIG. 2. The LYCRA (spandex) or lace band, location 5, FIG. 2, is attached to a fastener or closure comprising of hook and eye to securely fasten the garment, location 6, FIG. 2. 4. The bra of claim 1, wherein the foam cups are convex 15 shaped and configured to support, uplift and give shape to the breast of a wearer of the bra. Example oflntended Use The intended use of this invention is to be worn under a 20 wrap style dress, which has a very low cut plunging neckline. Typically the user of this style of clothing would be required to wear a full support bra, with a tank top over the bra to cover the excessive low cut of the bra which exposes all of the wearer's cleavage and decolletage. This type of dress 25 although a great career dress with the appropriate undergar- ment, is not useable for work or situations that require cov- erage of cleavage, The foam cup underwire bra, with built in tank top, pro- vides a solution as it provides a seamless, well formed under- 30 garment, that does not create additional heat, bumps or bulges nor is there any material to "ride up" causing the unsightly bulges which result from wearing a full tank top under a dress. We claim: 1. A bra comprising: 35 a pair of foam cups each having an inside surface config- ured to fit over at least a portion of the breasts of a wearer and an outside surface on the opposite side of the inside surface of the foam cup, the pair of foam cups being positioned adjacent to each other to fit over at least a 40 portion of the breasts of a wearer; a material overlay positioned against the outside surface of the foam cups and extending across the outside surface of the foam cups and the area between the two foam cups; band portions extending away from the foam cups, or mate- rial overlay towards the back of the wearer; and 45 5. The bra of claim 1, wherein the foam cups are configured to provide full coverage of the nipple area of the breast of the wearer of the bra. 6. The bra of claim 1, wherein the material overlay com- prises a spandex blend fabric. 7. The bra of claim 6, wherein the material overlay attached to a bottom surface of the foam cups in a turn-under sewing technique. 8. The bra of claim 1, wherein opposite sides of the material overlay are attached to the band portions. 9. The bra of claim 8, wherein the band portions are span- dex blend bands. 10. The bra of claim 1, wherein each band portion termi- nates in an end having attachment means. 11. The bra of claim 10, wherein the attachment means comprise a hook and an eye. 12. The bra of claim 1, wherein the shoulder straps are sewn directly into the foam cups. 13. The bra of claim 12, wherein the front portion of the shoulder straps includes one of one, two or three shoulder straps. 14. The bra of claim 13, wherein the back portion of the shoulder strap has an adjustable length. 15. The bra of claim 1, wherein the material overlay pro- vides coverage of all of the cleavage of the wearer. 16. A garment comprising: a foam cup, underwire bra; and a material overlay attached to the outside of the foam cup, underwire bra, wherein the material overlay is attached from below the underwires or foam cups. * * * * *
EXHIBIT D Case 2:13-cv-05920-FSH-MAH Document 1-5 Filed 10/03/13 Page 1 of 3 PageID: 28 Case 2:13-cv-05920-FSH-MAH Document 1-5 Filed 10/03/13 Page 2 of 3 PageID: 29 JJavid E. Gray, Esq. dgrav@foremanorav.com - ... ' -"" :.:;, ., foremangray.com p 973-2407313 != 9732407316 September 4, 2013 VIA FIRST CLASS MAIL & CERTIFIED MAIL R1R1R Jeffrey R. Rosenberg, President Tristar Products, Inc. 492 U.S. 46 Fairfield, NJ 07004 . ..... - ~ ' ....... .' 760 Route 10 West Suite 204 Whippany, NJ 07981 Re: Wink Intimates vs. Tristar Products, Inc. Dear Mr. Rosenberg: U.S. Patent No. 8,182,310 U.S. Patent No. 8,506,347 U.S. Patent No. D622,478 This firm represents Wink Intimates in connection with infringement of its intellectual property rights. To protect the interest of both itself and its customers, Wink Intimates secures patent protection for its inventive products. To that end, I write to inform you that Wink Intimates has obtained two utility patents and a design patent that are relevant to some of your products. In particular, Wink Intimates is the owner of U.S. Patent No. 8,506,347, U.S. Patent No. 8,182,310 and U.S. Patent No. D622,478, copies of which are enclosed. I have reviewed the sale in the United States of the Milana Bra by Genie. After careful review, it is clear that this bra infringes on one or more claims of the '347 Patent, '310 Patent and the '478 Patent. Wink Intimates is prepared to protect its intellectual property through all means necessary. If you are interested in discussing a license in order to continue selling your products which infringe on these patents, please contact me within 30 days. If I do not hear from you, no further notice will be delivered prior to filing suit. Be advised accordingly. Case 2:13-cv-05920-FSH-MAH Document 1-5 Filed 10/03/13 Page 3 of 3 PageID: 30 DEG/kc Enclosures cc: Wink Intimates Christopher Casieri, Esq.