Bombas v. Maison Impeccable - Complaint

Case 1:18-cv-04412 Document 1 Filed 05/17/18 Page 1 of 35
UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF NEW YORK
____________________________________
)
BOMBAS LLC, )
)
Plaintiff, ) Civil Action No. 1:18-cv-4412
)
)
v. ) COMPLAINT FOR TRADEMARK
) INFRINGEMENT; TRADE DRESS
) INFRINGEMENT; UNFAIR
MAISON IMPECCABLE, ) COMPETITION AND FALSE
) DESIGNATION OF ORIGIN; DESIGN
) PATENT INFRINGEMENT
Defendant. )
)
) JURY TRIAL DEMANDED
)
)
BOMBAS LLC (“Bombas” or “Plaintiff”), by its attorneys Whitmyer IP Group, brings
this Complaint against Defendant, Maison Impeccable (“MI” or “Defendant”) and alleges as
follows:
Statement of the Case
This is an action by Plaintiff against Defendant for federal trademark infringement
and unfair competition under Section 43(a) of the Lanham Act, 15 U.S.C. § 1125(a), common law
trademark infringement, common law trade dress infringement, patent infringement of Plaintiff’s
Design Patent No. D723,261 (the “D261 patent”) in violation of the Patent Act of the United States,
and for substantial and related claims of unfair competition under the statutory and common laws of
the State of New York, all arising from Defendant’s unauthorized use of Plaintiff’s trademark and
patented design in connection with the manufacture, advertising, promotion, and/or sale of
Defendant’s products, specifically socks (“the Infringing Socks”).
Plaintiff seeks injunctive and monetary relief to retain control over the substantial
goodwill associated with its trademarks, trade dress, and patented design, which are being
unlawfully exploited by Defendant, and to avoid irretrievably lost sales.
Jurisdiction and Venue
Plaintiff’s claims arise under 15 U.S.C. § 1051, et seq. (the Lanham Act),
particularly 15 U.S.C. § 1125(a), and the Patent Laws of the United States, 35 U.S.C. § 271 et seq.,
and for injunctive relief and damages under 15 U.S.C. §§ 1116 and 1117 and 35 U.S.C §§ 283 –
285. This Court has subject matter jurisdiction over the claims pursuant to the provisions of 28
U.S.C. §§ 1331 (federal question jurisdiction) and 1338 (any Act of Congress relating to patents or
trademarks), 15 U.S.C. § 1121 (action arising under the Lanham Act), and 35 U.S.C. §§ 271 and
281.
This Court has supplemental jurisdiction pursuant to 28 U.S.C. § 1367 over the
claims arising under New York statutory and common law because these claims are so related to the
federal claims as to form part of the same case or controversy and arise out of a common nucleus of
operative facts shared with the federal causes of action.
This action arises from Defendant’s use of, making, selling, offering to sell, and/or
importing, marketing, and promoting the Infringing Socks, and conduct of activities, that infringe
Plaintiff’s intellectual property.
This Court has personal jurisdiction over Defendant because, inter alia, Defendant:
(1) transacts business within this district; (2) contracts to supply goods to or services in this District;
(3) has committed a tortious act within this District; (4) has committed a tortious act causing injury
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to Plaintiff within this District; (5) regularly solicits business, or engages in other persistent course
of conduct, or derives substantial revenue from goods used or consumed or services rendered, in this
District; (6) expects or should reasonably expect its acts to have consequences in this District and
derives substantial revenue from interstate or international commerce; (7) has systematic and
continuous contacts with this District; (8) continues to transact and do business in this District; and
(9) has websites and social media accounts that are accessible in this District, and through which
Defendant transacts business. Defendant’s acts form a substantial part of the events or omissions
giving rise to Plaintiff’s claims. For example, Defendant offers to sell and/or sells infringing
products to consumers or retailers in this District.
Upon information and belief, Defendant sells its goods to consumers in New York
through an interactive website, https://www.impeccable.maison/, on which the Infringing Socks are
marketed and offered for sale, and through which consumers can contact Defendant to purchase
Defendant’s goods, among other things. Defendant is a sophisticated internet/marketer seller—its
sales to consumers in New York are not isolated occurrences. Rather, Defendant’s sales to New
York customers are means for establishing regular business in New York, to operate commercial
business in New York, and to sell substantial goods to New York consumers.
Defendant has committed acts of intellectual property infringement in New York,
including this District, and has delivered Infringing Socks into the stream of commerce with the
expectation that they will be used and/or purchased by consumers in the State of New York,
including this District.
Venue is proper in this Court pursuant to 28 U.S.C. §§ 1391(b), 1391(c), and
1400(b) because a substantial part of the events giving rise to this action took place in this District,
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Plaintiff’s claims arise from the same nucleus of operative facts, and Plaintiff has suffered harm in
this District and the Lanham Act provides that venue lies in the place of harm.
Parties
Plaintiff is a corporation duly organized and existing under the laws of the State of
New York, having a principal place of business at 37 East 18th Street, 4th Floor, New York, NY
10003. Plaintiff is the owner of the intellectual property that is the subject of this Complaint.
Upon information and belief, Defendant is a corporation duly organized and existing
under the laws of the State of California, having a principal place of business at 1120 Granville
Ave., #102, Los Angeles, CA 90049. Upon information and belief, Defendant, without Plaintiff’s
authorization, is manufacturing, distributing, marketing, offering for sale and selling socks that
infringe Plaintiff’s intellectual property.
FACTS COMMON TO ALL CLAIMS FOR RELIEF
Plaintiff was created to help those in need through the manufacture, distribution, and
sale of high-quality socks. Plaintiff discovered that socks are one of the most requested clothing
items at homeless shelters after hearing a statement from Major George Hood, Chief Officer for the
Salvation Army: “Through our work with those in need, we know that socks are oftentimes the most
requested clothing item in homeless shelters.” From that day on, Plaintiff dedicated itself to
building a business that donates one pair of socks to those in need for every pair of socks purchased.
To that end, Plaintiff began fundraising on the website www.indiegogo.com in April
2013. Plaintiff’s initial fundraising goal was to raise $15,000 between April and September 2013.
Plaintiff surpassed its goal by approximately $127,500 (850%). Over 2,700 purchasers backed
Plaintiff’s initial campaign. (See Exhibit A, a website screenshot from Plaintiff’s Indiegogo
campaign, which is incorporated herein by reference.)
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Plaintiff grew rapidly after its Indiegogo campaign. Plaintiff soon found itself on the
widely popular ABC television series Shark Tank negotiating a deal with Daymond John – an
American entrepreneur best known as the founder and CEO of the “FUBU” fashion brand.
(See also Exhibit B, a website printout referencing Plaintiff’s Shark Tank appearance, which is
incorporated herein by reference.)
Plaintiff also caught the eye of large, famous retailers, such as The Gap as a result of
its constant growth and increasing sock donations (through partnerships with hundreds of charitable
organizations, such as Hannah’s Socks and the Bowery Mission). Retailers not only wanted to
support Plaintiff’s altruistic mission, but also knew Plaintiff’s goods are high in quality. To this
end, The Gap in 2015 entered a co-branding deal with Plaintiff through which Plaintiff’s socks were
sold at The Gap retail stores for the 2015 holiday season. The Gap honored Plaintiff’s ONE PAIR
PURCHASED = ONE PAIR DONATED®1 policy. This venture was widely popular and
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Registration No. 4,945,652.
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increased Plaintiff’s recognition in the market. (See Exhibits C & D, webpage screenshots or press
releases related to Plaintiff’s partnership with The Gap, which are incorporated herein by reference.)
As a result of Plaintiff’s success, to date Plaintiff has donated over 8.5 million pairs
of socks to those in need.
Plaintiff’s Well-Known Trademarks
Plaintiff is the registered owner of the BOMBAS® trademark. The term “bombas”
is derived from the Latin word “bombus” meaning “bumblebee.” The term “bombas” is particularly
meaningful to Plaintiff because bees work together to make the hive a better place, which is
precisely what Plaintiff aims to do with its business. Plaintiff’s business is inspired by and
emblematic of the way bumblebees work together.
Besides the use and ownership of the trademarks BOMBAS® (Reg. No. 4,492,577),
® (Reg. No. 4,492,579), BEE BETTER® (Reg. No. 5,323,994), and ® (Reg.
No. 5,359,406), Plaintiff has also extensively and excusively used, and is thus the owner of common
law trademark rights in, the following trademark in relation to socks:
(“Plaintiff’s Mark”.)
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Plaintiff is the owner of the following U.S. trademark application covering
Plaintiff’s Mark: Application Ser. No. 87921290, filed May 15, 2018.
Plaintiff’s Mark is always prominently displayed on Plaintiff’s goods and packaging
and in Plaintiff’s marketing:
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Plaintiff first used Plaintiff’s Mark at least as early as July 24, 2013 and has
continuously, extensively, and exclusively used Plaintiff’s Mark in commerce in the U.S. since that
time.
As a result of Plaintiff’s continuous and exclusive use, and Plaintiff’s substantial
marketing and promotion (discussed in more detail below), Plaintiff’s Mark has become a
distinctive identifier of Plaintiff.
Plaintiff’s Distinctive Trade Dress
Plaintiff has rights to the trade dress of its marketing, goods, and packaging.
Plaintiff’s trade dress includes an individual honeycomb used alone or in combination with other
individual honeycomb pieces (“Plaintiff’s Trade Dress” (Plaintiff’s Mark and Plaintiff’s Trade
Dress are collectively referred to as “Plaintiff’s Mark and Trade Dress”), which emphasize
Plaintiff’s bumblebee/hive theme. Examples of Plaintiff’s Trade Dress have appeared on Plaintiff’s
website, www.bombas.com, and other marketing materials, as shown below:
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Plaintiff was the first to introduce the features comprising Plaintiff’s Trade Dress for
socks into interstate commerce.
Plaintiff’s Trade Dress is distinctive of Plaintiff.
Plaintiff’s Trade Dress is inherently distinctive.
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Plaintiff’s Trade Dress has acquired distinctiveness, also known as secondary
meaning.
Plaintiff’s Trade Dress has acquired distinctiveness as demonstrated by, inter alia:
Plaintiff’s expenditure of millions of dollars promoting and popularizing Plaintiff’s Trade Dress
through advertising and product donations to those in need—to date Plaintiff has donated over 8.5
million pairs of socks to those in need; Plaintiff’s participation on Shark Tank; unsolicited media
coverage of Plaintiff’s products and donation program; Plaintiff’s sales success, having generated
millions of dollars of revenue; having partnered with The Gap during the 2015 holiday shopping
season; Plaintiff’s extensive, exclusive use of Plaintiff’s Trade Dress; the recognition of Plaintiff’s
Trade Dress and the good will associated therewith in the industry; and Defendant’s plagiarism
(described in more detail below), which trades off Plaintiff’s Trade Dress and the goodwill and
success associated therewith.
Plaintiff’s Trade Dress is also non-functional.
Plaintiff’s Trade Dress provides a unique ornamental and aesthetic appearance that
was designed by Plaintiff.
Plaintiff’s Trade Dress is not essential to the use of the purpose of Plaintiff’s socks.
There are numerous alternative means to perform the function of promoting and
selling goods and services without using Plaintiff’s Trade Dress.
Plaintiff’s Trade Dress has become associated with Plaintiff.
Since well before Plaintiff’s official launch, Plaintiff has been devoted to bringing
high-quality sock designs to the consuming public. Plaintiff has expended significant resources in
research and development in the United States for its products.
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Plaintiff’s Mark and Trade Dress are inherently distinctive and strong when used in
relation to socks.
Because of Plaintiff’s extensive, exclusive use and promotion of Plaintiff’s Mark
and Trade Dress, and in light of the unsolicited media coverage and notoriety pertaining to
Plaintiff’s goods and Plaintiff’s Mark and Trade Dress, the same have become distinctive of
Plaintiff, indicate a single source of origin of Plaintiff’s goods, and have acquired secondary
meaning.
Plaintiff has used Plaintiff’s Mark and Trade Dress continuously, exclusively, and
extensively since at least July 24, 2013.
Plaintiff has used Plaintiff’s Mark and Trade Dress extensively since its first use
thereof, in connection with socks and t-shirts.
Plaintiff has advertised and otherwise promoted Plaintiff’s Mark and Trade Dress
extensively since its first use thereof, through the internet, social media outlets and by other means.
Plaintiff’s products bearing Plaintiff’s Mark and Trade Dress have been the subject
of unsolicited media coverage. Major publications like the New York Times have written about
Plaintiff. (See, e.g., Exhibit E (New York Times Article, March 16, 2016, “Selling High-End Socks
by Giving Them Away,” incorporated herein by reference), Exhibit F (online Forbes article, Feb. 6,
2017 “Meet Bombas, The Social Impact Company That Gave 2 Million Pairs of Socks To The
Homeless,” incorporated herein by reference) Exhibit G (online CNBC article, August 22, 2017,
“How Daymond John faced failure and ended up winning big,” incorporated herein by reference),
and Exhibit H (online Fast Company article, May 11, 2018, “Getting Startups Fired Up About
Social Justice, One Sock At a Time,” incorporated herein by reference.)
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Commentaries, blogs, and news articles, have created tremendous consumer
recognition of and love for Plaintiff’s Mark and Trade Dress. Consumers even travel the world and
take photographs of their feet while wearing Plaintiff’s socks and post those photographs to social
media.
Plaintiff’s products bearing Plaintiff’s Mark and Trade Dress have been sold
extensively.
By virtue of Plaintiff’s use, advertising, promotion, and sale of goods bearing
Plaintiff’s Mark and Trade Dress, and the unsolicited media coverage featuring the same, Plaintiff’s
Mark and Trade Dress have become associated with Plaintiff.
Plaintiff has earned valuable and residual goodwill and reputation in the minds of
consumers in the United States for being the sole of source goods bearing Plaintiff’s Mark and
Trade Dress.
Plaintiff’s Design Patent
Plaintiff has protected its sock designs by a design patent. On March 3, 2015, the
United States Patent and Trademark Office duly and lawfully issued United States Design Patent
No. D723,261 titled, “Sock” (“the D261 Patent” (Plaintiff’s Mark and Trade Dress and the D261
Patent are collectively referred to as “Plaintiff’s Intellectual Property”)):
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D261 patent
Plaintiff is the owner of all right, title, and interest in the D261 Patent. A true and correct copy of
the D261 Patent is attached hereto as Exhibit I, which is incorporated herein by reference.
As demonstrated above, Defendant manufactures, uses, sells, offers to sell, and/or
imports into the United States socks that infringe Plaintiff’s Intellectual Property, including the
D261 Patent.
Defendant’s Infringing Activities
Long after Plaintiff’s adoption and first use of Plaintiff’s Intellectual Property in
connection with Plaintiff’s socks, Defendant, without Plaintiff’s authorization, began copying and
using Plaintiff’s Intellectual Property, or marks, trade dress, and designs substantially similar
thereto, on Defendant’s Infringing Socks.
In March 2016, Plaintiff discovered Defendant’s Kickstarter campaign promoting
and offering the Infringing Socks for sale. A screenshot from the Kickstarter campaign is attached
hereto as Exhibit J, which is incorporated herein by reference.
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On April 11, 2016, Plaintiff’s attorneys sent a cease and desist letter to Defendant,
which placed Defendant on notice of Plaintiff’s Intellectual Property and requested that Defendant
immediately cease all sales of the Infringing Socks and shut down its Kickstarter campaign.
On April 18, 2016, Plaintiff’s attorneys received a response from counsel to
Defendant, which stated that Defendant disagreed with Plaintiff and would continue offering to sell
and selling the Infringing Socks.
As of April 2016, Defendant’s website was very simple and merely directed
potential customers to its Kickstarter campaign. Upon recent investigation, however, Plaintiff has
discovered that, after the Kickstarter campaign, Defendant altered its website to not only
prominently display the Infringing Socks, but also mimic Plaintiff’s Intellectual Property throughout
the website without Plaintiff’s authorization.
Plaintiff has also discovered that Defendant’s business is growing despite being put
on notice of its infringing activities.
Below are images from Defendant’s current website and Kickstarter website, which
provide non-limiting examples of Infringing Socks, infringing marks and trade dress that are
confusingly similar to Plaintiff’s Intellectual Property, and evidence showing the substantial
similarities between the parties’ websites and how Defendant has copied the look and feel of
Plaintiff’s Intellectual Property (screenshots of Defendant’s current website are attached hereto as
Exhibits K2 and L, which are incorporated herein by reference):
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Notably, Exhibits K and L display a pop-up which respectively provide that “[s]omeone from Rochester, New
York” and “Bedford Corners, New York” just “purchased The Stealth Sock.”
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As displayed above, to date, the Infringing Socks are still being promoted and
offered for sale by Defendant.
Though Defendant has many patterns, shapes and arrangements to choose from, it
copied and/or used marks, trade dress, and/or designs that are confusingly similar to Plaintiff’s
Intellectual Property and used the confusingly similar marks, trade dress, and/or designs in a way
that is likely to confuse consumers.
Defendant has also copied Plaintiff’s Trade Dress by copying the look and feel of
Plaintiff’s website.
Defendant’s products, marketing, and trade dress are likely to confuse and mislead
customers into believing that Defendant’s goods originate from, are sponsored by, or are affiliated
with Plaintiff.
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During the term of the D261 Patent, Defendant has manufactured or had
manufactured for it, and has offered for sale, sold, used, and/or imported articles embodying the
patented design of the D261 Patent, and engaged in activities that infringe the D261 Patent.
Defendant’s Infringing Socks include without limitation Defendant’s “Stealth Sock.”
Defendant’s Infringing Socks infringe the single claim of the D261 Patent.
In the eye of an ordinary observer, giving such attention as a purchaser usually
gives, the design on the Infringing Socks and Plaintiff’s patented design are substantially the same.
An ordinary observer would see the design on the Infringing Socks as making the
same design impression, or as being the same design, as the patented design of the D261 Patent.
An ordinary observer would likewise consider the design on the Infringing Socks, in
the context of any prior art, and giving such attention as a purchaser usually gives, to be the same as
the patented design of the D261 Patent.
In the eye of the ordinary observer, giving such attention as a purchaser usually
gives, the design on the Infringing Socks and Plaintiff’s patented designs are substantially the same,
with the resemblance being such as to deceive such an observer, inducing him to purchase one
supposing it to be the other.
In fact, the design on the Infringing Socks is virtually identically, if not identical, to
Plaintiff’s patented design.
Defendant’s bad-faith activities have caused and will continue to cause a likelihood
of deception and confusion in the marketplace among consumers, and extensive damage to
Plaintiff’s business, goodwill, and reputation.
Defendant has illegally profited from its infringement of Plaintiff’s Intellectual
Property.
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Defendant’s acts have been without license or authority of Plaintiff.
Upon information and belief, Defendant deliberately set out to use Plaintiff’s
Intellectual Property to benefit from the recognition and substantial goodwill that Plaintiff has
established in Plaintiff’s Intellectual Property.
Defendant’s Infringing Socks infringe Plaintiff’s Intellectual Property, including the
D261 Patent.
Defendant’s continued use of Plaintiff’s Intellectual Property, despite being put on
notice of Plaintiff’s rights therein, demonstrates Defendant’s willful infringement and bad faith.
Defendant has no right to use Plaintiff’s Intellectual Property. Defendant has no right
to use Plaintiff’s Intellectual Property on socks.
Defendant’s use of Plaintiff’s Intellectual Property in the manner described above
tends to and does create confusion and the erroneous impression that Defendant’s products emanate
or originate from Plaintiff and/or that said products are authorized, sponsored, or approved by
Plaintiff, even though they are not. This confusion causes irreparable and incalculable harm to not
only Plaintiff, but those in need who receive Plaintiff’s sock donations.
For every instance of confusion and each mistaken sale that goes to Defendant, a
person in need does not receive a pair of socks.
The public is harmed by Defendant’s infringement.
Defendant has been unjustly enriched by illegally using and misappropriating
Plaintiff’s Intellectual Property for its own financial gain. Furthermore, Defendant has unfairly
benefited and profited from Plaintiff’s outstanding reputation for high-quality socks, its mission to
help those in need, and its significant advertising and promotion of Plaintiff’s goods and Intellectual
Property.
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In addition to causing Plaintiff to suffer incalculable, irrecoverable, and irreparable
lost sales, Defendant’s manufacture, distribution, and sale of Infringing Socks will irreparably injure
Plaintiff’s reputation as Plaintiff is unable to control the quality of Defendant’s goods and/or the
materials and the manufacturing process used by Defendant.
Defendant’s acts and ongoing activities, as set forth herein, are willful. Therefore,
this case constitutes an exceptional case under 15 U.S.C. § 1117(a) and 35 U.S.C. § 285.
Upon information and belief, Defendant’s conduct is continuing and will continue
unless enjoined by this Court.
Plaintiff has no adequate remedy at law.
COUNT I
Federal Unfair Competition and False Designation of Origin
15 U.S.C. § 1125(a)
Plaintiff repeats and re-alleges each and every allegation in the foregoing paragraphs
as if fully set forth herein.
Pursuant to 15 U.S.C. § 1125(a), a non-registered trademark owner may be granted
injunctive relief to prevent or restrain infringement of its well-known mark and may petition the
Court to award damages, disgorgement of profits, and attorneys’ fees as a result of the trademark
infringement.
Defendant’s acts described above, including its use in commerce of marks and trade
dress highly similar or identical to Plaintiff’s Mark and Trade Dress, have caused or are likely to
cause confusion, mistake, deception, or misunderstanding as to the source, origin, sponsorship,
affiliation, or approval of Defendant’s goods, and constitutes infringement of Plaintiff’s Mark and
Trade Dress and unfair competition in violation of the Lanham Act, and common law trademark
and unfair competition laws. Further, Defendant’s acts described above constitute materially false
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representations of fact that are likely to cause confusion, mistake, or deception as to the source,
origin, sponsorship, affiliation, or approval of Defendant’s goods, all in violation of 15 U.S.C. §
1125(a).
As stated above, Plaintiff’s Mark and Trade Dress have become extremely well-
known in the sock industry.
After Plaintiff’s Mark and Trade Dress became well-known, Defendant started to
use and continues to use Plaintiff’s Mark and Trade Dress, or marks and trade dress identical or
substantially similar to thereto, for commercial purposes and without Plaintiff’s permission.
Defendant’s infringement of Plaintiff’s Mark and Trade Dress is therefore willful.
Even after being placed on notice of Plaintiff’s rights in April 2016, Defendant
continues to use confusingly similar marks and trade dress in commerce.
Upon information and belief, Defendant is willfully offering for sale and selling
socks that infringe Plaintiff’s Mark and Trade Dress in order to benefit from Plaintiff’s goodwill and
reputation. Furthermore, Defendant is falsely creating an association between Defendant’s goods
and Plaintiff and Plaintiff’s products.
Defendant’s actions have damaged Plaintiff’s business, reputation, and goodwill and
have interfered with Plaintiff’s own use of Plaintiff’s Mark and Trade Dress.
Unless restrained and enjoined by this Court, Defendant will persist in its activities,
causing irreparable harm and injury not only to Plaintiff, but to those in need who receive socks
donated by Plaintiff.
Defendant should be preliminarily, and upon final hearing, permanently enjoined
from using Plaintiff’s Mark and Trade Dress, pursuant to 15 U.S.C. § 1116.
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Plaintiff is entitled, under 15 U.S.C. § 1117(a), to recover from Defendant: (i)
Defendant’s profits in providing its goods using Plaintiff’s Mark and Trade Dress; (ii) damages
sustained by Plaintiff due to Defendant’s providing its goods using marks and trade dress identical
or confusingly similar to Plaintiff’s Mark and Trade Dress; and (iii) the costs of this action.
Because this is an exceptional case, involving willful misconduct by Defendant,
Plaintiff is also entitled, under 15 U.S.C. § 1117(a), to recover: (i) exceptional damages for
intentional infringement, bad faith, and willful conduct equal to three times profits or damages,
whichever is greater; and (ii) attorneys’ fees.
Plaintiff has no adequate remedy at law and is suffering irreparable harm.
COUNT II
Common Law Trademark and Trade Dress Infringement
Plaintiff is the owner of common-law trademark rights in Plaintiff’s Mark and Trade
Dress in New York and throughout the United States. These rights are senior and superior to any
rights which Defendant may claim.
Defendant has used in commerce, without Plaintiff’s consent, marks and trade dress
that are identical or confusingly similar to Plaintiff’s Mark and Trade Dress.
Defendant’s use of Plaintiff’s Mark and Trade Dress is likely to cause consumer
confusion, deception, or mistake among consumers as to the origin, source, sponsorship, affiliation,
or approval by Plaintiff of Defendant’s goods, in violation of New York common law as preserved
by New York General Business Law § 360-o.
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Defendant’s conduct as described above has been intentional, willful, deliberate,
malicious, and intended to injure Plaintiff, in clear disregard of Plaintiff’s legal rights.
Plaintiff has no adequate remedy at law inasmuch as money damages alone would
not adequately compensate Plaintiff for the harm to its rights, goodwill, and business reputation, not
to mention the extreme harm experienced by the public due to the fact that, for every lost sale of
Plaintiff’s, someone in need does not receive a donated pair of socks.
Defendant’s acts described above greatly and irreparably damage Plaintiff and will
continue to damage Plaintiff unless enjoined by this Court.
COUNT III
Common Law Unfair Competition
Plaintiff is the owner of common law rights in Plaintiff’s Mark and Trade Dress.
Plaintiff has invested substantial time, labor, skill, and money in the development of
Plaintiff’s Mark and Trade Dress.
Through its conduct described above, including the unauthorized use of Plaintiff’s
Mark and Trade Dress and making false or misleading representations of fact in connection with the
sale of products confusingly similar to Plaintiff’s, Defendant has passed off their products as those
of Plaintiff or being in connection or affiliation with Plaintiff, and has intentionally misappropriated
Plaintiff’s labors, investments, and expenditures and intentionally exploited Plaintiff’s Mark and
Trade Dress and Plaintiff’s reputation and goodwill associated therewith.
Defendant’s conduct is intended and likely to cause confusion, deception, or mistake
among consumers as to the source, origin, sponsorship, affiliation, or approval of Defendant’s goods
by Plaintiff.
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Defendant has used marks and trade dress that are confusingly similar to Plaintiff, in
relation to identical or highly similar goods as Plaintiff’s and in competition with Plaintiff, all of
which provided and continues to provide Defendant an unfair advantage, because Defendant bore
little or no burden of the expense of development and promotion of those goods.
Defendant’s conduct was made in bad faith, with full knowledge of Plaintiff’s
ownership of and/or exclusive right to use and license Plaintiff’s Mark and Trade Dress.
By knowingly competing against Plaintiff using confusingly similar marks and trade
dress for identical or highly similar goods, Defendant has misappropriated a commercial advantage
belonging to Plaintiff.
Defendant’s conduct is illegal and actionable under the common laws of the State of
New York.
Defendant’s actions described above constitute unfair competition in violation of
New York common law as preserved by New York General Business Law § 360-o.
Defendant’s conduct as described above has been intentional, willful, deliberate,
malicious, and intended to injure Plaintiff, in clear disregard of Plaintiff’s legal rights.
Plaintiff has no adequate remedy at law inasmuch as money damages alone would
not adequately compensate Plaintiff for the harm to its rights, goodwill, and business reputation, not
to mention the extreme harm experienced by the public due to the fact that, for every lost sale,
someone in need does not receive a donated pair of socks.
Defendant’s acts described above greatly and irreparably damage Plaintiff and will
continue to damage Plaintiff unless enjoined by this Court.
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COUNT IV
Patent Infringement
Defendant’s acts herein constitute infringement of the D261 Patent.
Defendant’s acts described herein constitute direct literal infringement, and/or
infringement under the doctrine of equivalents, of Plaintiff’s patented design.
Defendant’s acts likewise constitute inducement of infringement.
Upon information and belief, Defendant is inducing third parties to engage in
infringement of the D261 Patent.
Upon information and belief, Defendant has engaged or is engaging in an
affirmative act to encourage a manufacturer(s) of the Infringing Socks to manufacture the same and
thereby infringe the D261 Patent.
Upon information and belief, Defendant has and has had actual knowledge that the
induced acts constitute patent infringement, or, has and has had willful blindness thereto.
Upon information and belief, Defendant has and has had specific intent to induce
infringement of the D261 Patent.
Plaintiff provided actual notice to Defendant of its infringement of the D261 Patent
at least as early as April 2016.
In spite of Plaintiff’s notice, Defendant has engaged in a pattern of conduct
demonstrating: Defendant’s awareness of the D261 Patent, the objectively high likelihood that
Defendant’s actions constitute infringement of the D261 Patent, that the D261 Patent is valid and
enforceable, and that Defendant knew or should have known the risk of using Plaintiff’s patented
design.
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Defendant has infringed and continues to infringe the D261 Patent by making, using,
promoting, marketing, offering to sell, and/or selling in the United States, including the state of New
York and within this District, products that are substantially similar to the D261 Patent in violation
of 35 U.S.C. § 271, including but not limited to Defendant’s Infringing Socks.
Given the widespread popularity and recognition of Plaintiff’s patented design and
the patent notice provided by Plaintiff, Defendant had pre-suit knowledge of Plaintiff’s rights in the
D261 patent and has intentionally copied said design on Defendant’s own products in an effort to
pass them off as if they originated, are associated with, are affiliated with, are sponsored by, are
authorized by, and/or are approved by Plaintiff.
Defendant’s acts of infringement of the D261 Patent were undertaken without
authority, permission, or license from Plaintiff. As such, Defendant’s infringing activities violate 35
U.S.C. § 271.
Defendant’s acts of infringement were and are willful and deliberate.
Defendant has profited from its infringing activities.
As a result of Defendant’s conduct, Plaintiff has been substantially harmed. Plaintiff
has suffered and continues to suffer substantial damages as a result of Defendant’s bad faith
activities. Plaintiff has also suffered actual damages, including lost profits, and has been forced to
retain legal counsel and pay costs of court to bring this action.
The injury to Plaintiff will continue unless and until Defendant is enjoined from
further infringement.
Plaintiff is entitled to a complete accounting of all revenue and profits derived by
Defendant from the unlawful conduct alleged herein, including without limitation, Defendant’s
profits pursuant to 35 U.S.C. § 289.
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Because Defendant has engaged and is engaged in willful and deliberate
infringement of the D261 Patent, Defendant’s willful and deliberate infringement justifies an
increase of three times the damages to be assessed pursuant to 35 U.S.C. § 284 and further qualifies
this action as an exceptional case supporting an award of attorneys’ fees pursuant to 35 U.S.C. §
285.
Plaintiff is entitled to a permanent injunction preventing Defendant from further
infringing the D261 Patent.
PRAYER FOR RELIEF
WHEREFORE, Plaintiff prays for judgment as follows:
A. Grant of a permanent injunction enjoining and restraining Defendant and its officers,
agents, servants, employees, owners, representatives, and attorneys, and all those in active concert
of participation with them, from:
a. Selling any products bearing and offering any services utilizing Plaintiff’s
Intellectual Property, or any variations thereof in or as part of any business, service or commercial
activity;
b. Using Plaintiff’s Intellectual Property or any variations thereof, in or as part
of any business, service or commercial activity;
c. Using Plaintiff’s Intellectual Property, or any other identical or similar mark,
trade dress or design in relation to any products or services related to socks and t-shirts, or in any
manner likely to cause confusion, mistake or deception;
d. Filing or pursuing any application for registration of Plaintiff’s Intellectual
Property as a trademark, service mark, trade dress or patented design in any jurisdiction in the U.S.;
32
e. Offering for sale, selling or marketing merchandise that tends in any way to
deceive, mislead or confuse the public into believing that Defendant’s merchandise in any way
originates with, is sanctioned by, or is affiliated with Plaintiff;
f. Otherwise competing unfairly with Plaintiff;
g. Engaging in further acts of misrepresentation regarding Plaintiff or
Plaintiff’s goods;
h. Engaging in further acts infringing Plaintiff’s rights under New York law;
B. Directing Defendant to:
a. Notify all customers, sellers, distributors, suppliers, manufactures,
advertisers, and other persons involved in Defendant’s offer of, or attempt to offer, goods under
Plaintiff’s Intellectual Property, that Plaintiff’s Intellectual Property is owned and controlled
exclusively by and for the benefit of Plaintiff;
b. Deliver to Plaintiff to be destroyed all products, labels, signs, prints,
packages, wrappers, receptacles, and advertisements in Defendant’s possession or control and
bearing and/or utilizing Plaintiff’s Intellectual Property (or any other name, or other designation,
description, or representation that violates 15 U.S.C. § 1125(a)) or the D261 Patent);
c. Within ten (10) days of judgment, take all steps necessary to remove from
Defendant’s place(s) of business and website(s), all references to Plaintiff’s Intellectual Property,
including but not limited to the offering for sale of products that infringe the same.
C. Ordering an accounting by Defendant of all revenues and profits derived from the
providing of goods through the unauthorized use of Plaintiff’s Intellectual Property;
D. Ordering Defendant to account for and pay over to Plaintiff any and all revenues and
profits derived by it and all damages sustained by Plaintiff by reason of the acts complained of in
33
this Complaint, including an assessment of interest on the damages so computed, and that the
damages be trebled pursuant Section 35 of the Lanham Act, 15 U.S.C. §1117, as well as 35 U.S.C.
§§ 284 and 289, and all further applicable law;
E. Awarding Plaintiff Defendant’s profits, awarding an amount equal to three times
Plaintiff’s actual damages, and awarding Plaintiff the costs of this action along with Plaintiff’s
reasonable attorneys’ fees;
F. That each such award of damages be enhanced to the maximum available for each
infringement in view of each of Defendant’s willful infringements of Plaintiff’s rights;
G. That Plaintiff be awarded punitive or exemplary damages under New York law
because of the egregious, malicious, and tortious conduct of Defendant complained of herein;
H. That Plaintiff recover the costs of this action including its expenses and reasonable
attorneys’ fees pursuant to 15 U.S.C. §1117, 35 U.S.C. § 285 and all further applicable law, because
of the deliberate and willful nature of the infringing activities of Defendant sought to be enjoined
hereby, which make this an exceptional case warranting such an award;
I. That Plaintiff be awarded pre-judgment and post-judgment interest;
J. Enter an order for Judgment in favor of Plaintiff and against Defendant on each and
every Claim of this Complaint, including by granting the following relief against Defendant:
a. That Defendant be adjudged to have engaged in federal unfair competition
and trademark infringement under Section 43 of the Lanham Act, 15 U.S.C. § 1125 and unfair
competition and trademark infringement under the common law and statutory laws of the State of
New York;
b. That Defendant be adjudged to have infringed Plaintiff’s Mark and Trade
Dress by the acts complained of herein;
34
c. That Defendant be adjudged to have engaged in patent infringement of
Plaintiff’s rights under the D261 Patent, under 35 U.S.C. § 101 et seq.;
d. That the D261 Patent was duly and legally issued by the U.S. Patent Office,
and is valid and enforceable;
e. Requiring that Defendant, within thirty (30) days after service of notice of
the entry of judgment, or an injunction pursuant thereto, file with the Court and serve on Plaintiff’s
counsel a written report under oath setting forth in detail the manner in which Defendant has
complied with the Court’s order;
f. Awarding to Plaintiff such other and further relief as the Court may deem
just and proper or otherwise provided by law.
JURY DEMAND
Plaintiff demands a trial by jury on all claims and issues so triable.
Respectfully submitted,
Date: May 17, 2018 /s/ Michael J. Kosma

Michael J. Kosma (MK1979)
Benjamin N. Luehrs (pro hac vice pending)
WHITMYER IP GROUP LLC
600 Summer Street
Stamford, Connecticut 06901
Telephone: (203) 703-0800
Facsimile: (203) 703-0801
mkosma@whipgroup.com
bluehrs@whipgroup.com
litigation@whipgroup.com
Attorneys for Plaintiff, Bombas LLC
35
Case 1:18-cv-04412 Document 1-1 Filed 05/17/18 Page 1 of 6
EXHIBIT A
Title: BOMBAS : Better Socks. Better World . Bee Better. I Indiegogo Case 1:18-cv-04412 Document 1-1 Filed 05/17/18 Page 2 of 6
Link: https ://www. i ndiegogo .com/ projects/ born bas-better-socks-better-world-bee-better# /
INDIEGOGO Explore v What We Do For Entrepreneurs Start a Campaig n Log in Sig n Up
CLOSED
BOMBAS: Better Socks. Better

World. Bee Better.
OUR CAMPAIGN IS OVER BUT YOU CAN STILL GET
YOUR VERY OWN BOMBAS HERE:
PROJECT OWNER
David Heath
New York, United States
2 Campaigns I More
$142,488 USO raised by 2751 backers
950% of $ 15,000 f lexible goal
STORY UPDATES (28) COMMENTS (521) BACKERS (2,751) SELECT A PERK
WWW.BOMBAS.COM $24 USD
The Starter Pack

Your choice of any three (3) pairs of
Bombas socks + Three (3) pairs of Bombas
Bombas are socks engineered and designed to socks will be donated to those in need +
look better, feel better, and perform better. Free shipping in the U.S.
Estimated delivery
One pair purchased = One pair donated. November 2013
~ op Questions 1152 claimed

Ships Worldwide
How do I choose my sizes, colors, and styles?
At the end of the campaign (September 6th), we will send you a link to a page where you can GET THIS PERK
choose your sizes, colors, and styles.
Do you ship internationally? If so, what is the cost?

Yes! Please add $15 to your order for international shipping .
$39 USD
What are Bombas? A Bee-Shirt

Bombas are socks engineered and designed to look better, feel better and perform better. One
A limited edition Bombas "bee better" t-
pair purchased = One pair donated. shirt (as seen being worn by David in the
picture on the left) in the size of your
choosing+ one (1) pair of Bombas socks in
the style, size and color of your choosing+
one (1) pair of socks donated to someone in
~ Stats & Goals need+ free shipping the U.S. The t-shirt is
an American Apparel tri-blend shirt in dark
heather grey. with a pink Bombas bee and
~ Bombas Stretch Goals
"bee better" slogan written in the middle.
~ otal Socks Donated Estimated delivery

November 2013
SO claimed
HI THERE .
Ships Worldwide
GET THIS PERK
Thanks for checking out Bombas. We've received a ton of support getting this far and we're really
excited to finally share all of our hard work with everyone. Our project started two years ago when
we came across a quote that changed everything. We learned that socks are the #1 most $49 USD
requested clothing item in homeless shelters. Since then, the idea blossomed, designs were A Week's Worth of Bombas
designed , charity partners were secured, socks were tested , and here we are, launching Bombas Your choice of any seven (7) pairs of
exclusively on lndiegogo. Bombas socks. one for each day of the
week+ Seven (7) pairs of Bombas socks will
We'd love to hear from you , so reach out with any questions, comments or digital high fives. be donated to those in need + Free shipping
in the U.S.
- David and Randy
Estimated delivery
November 2013
739claimed
Ships Worldwide
GET THIS PERK
WHAT ARE BOMBAS?

~ Black and Blue Ankle Sock $64 USD
Bombas are game-changing socks that have to be felt to be believed . We set out to rethink a
The Perfect Ten
product that is an afterthought for most people. Athletic shoes have advanced tremendously in the
Your choice of any ten (10) pairs of Bombas
l::i~t ?n 1/A::ir~ .~n0.I<~ ~till lnnk ::inrl f AAI A)(::idl" thA ~::imA
, _..., ....... ... J ...... - , ...... _..._....,.~ ........... ..... . .......... , ~ ............. . ............ . ...... ,,~..,._ ....... , ) .... ...... ............ . ...... .
socks+ Ten (10) pairs of Bombas socks will
be3 donated
Case 1:18-cv-04412 Document 1-1 Filed 05/17/18 Page of 6 to those in need + Free shipping
in the U.S.
Estimated delivery
November 2013
334claimed
Ships Worldwide
GET THIS PERK
$99 USO
The Full Set

~ Pilates
All sixteen (16) pairs! Eight (8) pairs of
Bombas calf-length socks. one of each color
+ Eight (8) pairs of Bombas ankle socks,
one of each color+ Sixteen (16) pairs of
BUT WHY SOCKS?

Bombas socks will be donated to those in
need+ BONUS: One (1) pair of our limited
edition, multi-colored Bombas only
available through lndiegogo! + Free
shipping in the U.S.
Estimated delivery
November 2013
327claimed
Through our work with those Ships Worldwide
in need, we know that socks GET THIS PERK
are the most requested clothing
item at homeless shelters.
$198 USO
- MAJOR GEORGE HOOD. His and Hers
CHIEF COMMUNICATIONS OFFICER FOR THE SALVATION ARMY
You get 2 full sets of Bombas! That includes
32 pairs of socks total, and 32 pairs
donated to charity. Each set includes eight
(8) pairs of calf-length Bombas + Eight (8)
We came across this quote two years ago and it really stuck with us . We started to think ... If
pairs of ankle Bombas. BONUS: One (1) pair
TOMS donates a pair of shoes for every pair purchased ... and Warby Parker donates a pair of of our limited edition, multi-colored
eyeglasses ... then why couldn't Bombas donate a pair of socks? Bombas for him and one (1) pair for her,
only available through lndiegogo!
Estimated delivery
November 2013
34claimed
Ships Worldwide
GET THIS PERK
$225 USO
The Good Samaritan

50 pairs of Bombas socks will be donated to
any cause. organization, or team of your
choosing with your name listed as the donor
+ BONUS: ten (10) pairs of our limited
edition. multi-colored Bombas only
available through lndiegogo!
Estimated delivery
November 2013
WHAT MAKES BOMBAS DIFFERENT 19 out of 50 claimed

Ships Worldwide
FROM ALL OTHER SOCKS?
GET THIS PERK
DESIGN. We thought socks LONG STAPLE PERUVIAN
were looking a little drab PIMA COTTON. This natural fabric
-
these days. These are the is cool in the summer, warm in the
·-·
••·••····
•·,·.... .
antidot e to drab. w inter, and wicks moisture better
-
than traditional cotton.
·.. $4000 USO
COLOR. Athletic socks shouldn't have
STAY UP TECHNOLOGY. to be boring and white. Bombas come
We tested hundreds of in Jet Black and Heather Gray, accented Fully Custom Bombas
tension levels In the calf to by one of four neon colors: Blaze
make sure Bombas stay up, Orange, Lightning Yellow, Electric Blue, Work with us to create a unique set of
but aren't too tight. and our signature Hot Pink. Bombas exclusively for you - Includes eight
• hundred (800) pairs of your custom
INVISITOE: Most socks have an Bombas socks ( For personal use or
irritating seam that constantly rubs
• Y·STITCHEO HEEL the top of your toes. We hate that promotional purposes only. Not for re-sale .
Instead of a straight stit ch. seam. So we got rid of it by sewing Great for gifts!) + eight hundred (800) pairs
we use a Y-shaped stitch.
' ' all Bombas together by hand. will be donated to the charity of your choice
which creates a natural cup
'
' ' '
'
' • (Note: Your custom Bombas is limited to
•
'
around your heel. ' '' ' one style, calf or ankle, but will include both
'
male and fema le sizes)
BLISTER TAB . Where Estimated delivery

most ankle socks leave November 2013
you unprotected. our HONEYCOMB SUPPORT SYSTEM.
blister tab adds a cushion
The honeycomb is a naturally strong 0 out of 10 claimed
of protection to prevent natural structure. We use it in the
rubbing and chafing.
midfoot to distribute pressure evenly Ships Worldwide
throughout your arch.
•PERFORMANCE FOOTBEO. GET THIS PERK

Bombas are reinforced , but
not thick. This provides an
extra layer of support and
comfort that's not bulky or
suffocating. It also means
Bombas w ill last longer too. ct r:;nnn , ,c-r.
Bombas + Your Brand
Work with us to design and create a

collaborative pair of socks for your brand or
company - Includes nine hundred (900)
pairs of Bombas socks+ nine hundred
(900) pairs wil I be donated to the charity of
your choice (Note: Your custom Bombas is
limited to one style, calf or ankle, but will
include both male and female sizes)
Estimated delivery
November 2013
1 out of 10 claimed
Ships Worldwide
GET THIS PERK
$6000 USO
Bombas For Life. Seriously.

Imagine you lived in a world where you
always had a fresh pair of Bombas to wear.
Well that world exists and it's called Earth.
We will send you two (2) fresh pairs of
Bombas every month for the rest of your
life.
Estimated delivery
November 2013
0 out of 10 claimed
Ships Worldwide
GET THIS PERK
$10000 USO
AND WHAT 'S WITH ALL THE BEE S? The Sock Drop
Select the first organizations to receive our
first sock drop. a bulk delivery of socks to
an organization in need, + Full travel and
The word Bombas is derived from the Latin word for bumblebee. Bees work together to make the
accommodations for you and a guest to
hive a better place. We like that. So much so that it inspired our slogan that's written on the inside meet us to participate in the delivery first
of every pair of Bombas: bee better. hand. We will design a sock with you in
honor of the occasion which we will make
available for sale on our website with your
name or company listed in recognition of
your generous support.
Estimated delivery
February 2014
0 out of 5 claimed
Ships Worldwide
GET THIS PERK
$350000 USO
The Nobel Bombas Prize

At this remarkable pledge level. we will be
able to help Hannah's Socks reach their
2013 goal in one fell swoop by delivering
them with over 225,000 pairs of Bombas.
Naturally, we will create an entire line of
Bombas inspired by your incredible
generosity.
Estimated delivery
December 2013
0 out of 1 claimed
GET THIS PERK
FreguentlY. Asked Questions (FAQ).

How do I choose my sizes, colors, and styles?
At the end of the campaign we will send you a link to a page with a form to fill out where you can
chose you sizes, colors, and styles.
Do the charities get the same socks that we do?

Of course! We know what it feels like to put on a fresh pair of Bombas, so we felt it was important
for everyone to be able to experience that feeling.
What are you going to do with the money you raise? Case 1:18-cv-04412 Document 1-1 Filed 05/17/18 Page 5 of 6
Once we reach our goal, we'll make your socks and ship them to you as quickly as possible. And
deliver a pair to someone in need for every pair you purchase, of course. Any additional funds
raised will go towards continued production and expansion of the current line to include new
colors (wh ite, solid neons, etc.), new sizes (babies/infants/kids - ages O- 12), and new styles
(knee high, no-show, etc.), as well as few extra surprises.
When do I get my socks?

Our manufacturing partners are standing by and excited to start producing Bambas . As soon as
our campaign ends, they will get to work.
Allowing for 20 days to receive the funds we raised we can expect to have Bambas delivered to
you within 3 months after the end of the campaign. And we will do everything within our control to
expedite the process to get them to you as soon as possible.
What sizes do they come in ? How do I know my size?

Bambas are currently offered in three different sizes based off of standard US sock sizing :
Mens (shoe sizes 8-12)

Womens (shoe sizes 5-9)
Teen (shoe sizes 5-9)
It is important to note that while Bambas are produced for these standard size ranges, Bambas
have more stretch and recoil than your traditional pair of socks. As such, we have had athletes
with shoes sizes up to a 15 wear Bambas comfortably with no compromise in performance or
durability.
Since Bambas have a unisex design, our Teen sizing can be worn by both girls and boys with the
corresponding shoe sizes . If buying these as a gift for a youngster, sizes 5-9 range on average
from 12-18 years in age.
We plan to offer kids sizes after our campaign ends.
Will they shrink?

Yes . They'll shrink once . Bambas are designed to fi t perfectly after the first washing. And forever
after that. We wanted to make sure we created a sock that you could wear every day without
worrying about any special washing instructions. Bambas will hold up to the high heat of any dryer
and come out perfectly every time.
Will the colors run when I wash them?

Not even a little thanks to our Peruvian Pima Cotton . Besides its incredible ability to breathe and
wick moisture, Peruvian Pima Cotton is known the world over for its ability to hold color. That said,
we still recommend washing with like colors .
What if I don't like them?

Unlikely, but stranger things have happened . That said, we stand by our product 100% so if for
any reason you aren't happy with your Bambas just reach out to us at dave@bombassocks.com
and we'll arrange for an exchange or full return .
If you've worn your Bambas, our only request is that you wash them prior to send ing them back.
We want to make sure you're happy but don't want to handle your funked up Bambas in the
process. And so you don't feel bad , your Bambas will be donated to someone in need.
Can I wear my Bombas outside the gym?

You can wear them wherever you like . While Bambas were engineered for the athlete, we also
wanted to make sure they performed better in the looks department. So we brought in a designer
who was named one of "GQ's Best New Designers in America". It was important for us to create a
design that didn't scream "athletic sock."
As such , Bambas are equally at home with a pair of jeans, a button down , and Red Wings as they
are with shorts, at-sh irt and some Nike AirMax 95's. We've even worn the black ones with a tux
before . The black and heather grey base colors are neutral enough to go with any color fabric and
any shoe, while the neon accents are subtle enough to provide enough contrast to get noticed , but
not too much to stand out.
What do I do if I don't want to take them off because they're so comfortable?

Don't panic, you're not alone and no one will judge you. The only answer to your question is make
sure to have enough Bambas on hand to always be able to slip a fresh pair on. We recommend at
least one pair a day, plus an additional pair for every time you exercise throughout the week.
What do I do if throngs of people follow me and try to steal my socks?

Not surprising. We've seen it happen . Your significant other will steal your Bambas. Your kids will
actually do the laundry for the opportunity to hoard away your Bambas. Regardless of color, style,
gender, or size, your Bambas will go missing if you're not careful.
The only solution here is to make sure these people have their own . Bambas are inexpensive and
cool enough to make for pretty excellent gifts. Remember, they're cheaper and last a whole lot
longer than flowers. And hey, you'll be helping someone less fortunate in the process, so win/win
all around .
What's th is whole "Bee Better" thing about?

When we say Bee Better, we mean it as a mantra , a way of approaching every day. It's stitched
into the inside of every pair of Bambas for a reason. It's a rem inder to push yourself harder to be
better at your athletic pursuits. A reminder that these socks are engineered and designed with
thought to better. A reminder that you helped someone in need with your purchase. And a
reminder that we're all connected and little improvements can add up to make a big difference.
Will the founder of Bombas really get a Bombas tattoo if you raise $200,000?
David is 30 years old and has zero tattoos. He's never really thought about getting one. But he
has given his word that he will get a Bambas tattoo if we raise $200 ,000 in fund raising. It's his way
of committing to something he truly believes in and will be a permanent reminder of your support.
His mother is not happy about this. We like David's mother, but a promise is a promise. If you
pledge, and encourage your friends to pledge, the ink will flow freely. And permanently. And we
promise to post video and pictures right on this page as proof.
Let us know if you t hink t his campaign contains prohi bited cont ent.
You may also be interested in

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Captured by FireShot Pro [ 17-05-2018, 11:43:29]

EXHIBIT B
Title: Shark Tank: Season 6 Premiere: Sleeping Baby, Hamme r & Na ils, Amber,Case and1:18-cv-04412
Bombas - Watch Season 6 Episode
05/17/1801Page 2 of 2
e
Document 1-2 Filed
Link: http: // a be.go .com/shows/shark-tan k/ep isode-guide/season-06/ 1-sea son-6-p rem i ere-s leeping-baby-hammer-nails-a mber-and-bo mbas# recap
shows live schedule more Q
home episodes videos apply/ casting news about book
p gbaby
S6 EOl Season 6 Premiere: Sleeping Baby, Hammer & Nails, Amber, and Bambas
09/26/14 I TV-PG I cc
PITCH: Sleeping Baby
About the Company:
Sleeping Baby Inc. is the home of the fabulous Zipadee-Zip(r) 1 The Zipadee-Z ip(r) is a mom-invented product that is restori ng
sleep and san ity to babies and pa rents all over the world in a way that no other baby sleep product has before The Texas 1
couple, Brett and Stephanie Parker, created this business in an effort to provide their daughter with the cozy, womb-like sleeping
environment she loved, but the freedom to rol l around safely and freely. Not only did it drastically improve their daughter's sleep,
but parents started flocking to their website in search of a sleep solution for their little ones. Sleeping Baby Inc. has grown
drastically by word of mouth marketing a lone Now babies everywhere are having sweeter dreams because of the Zipadee -Zip !
1
LEARN MORE: Visit www.sleepingbaby.com
PITCH: Harnrner & Nails
About the Company:
At Hammer & Na ils - The Nail Shop for Guys, hand and foot care is a completely masculine experience. With our low-lighting,
oversized leather chai rs, personal flat-screen TVs with personal remotes, premium sports channels, high-end headphones and
complimenta ry beverages; Hammer & Nails - The Nail Shop for Guys is man cave nirvana.
LEARN MORE: Visit www.hammerandnails-salon.com
PITCH: Amber
About the Company:
Wedding Wagon is a revolutionary mobile officiant franch ise that brings the ceremony to the customer. It's like pizza delivery for
weddings No more "going to the chapel" ... with the Wedding Wagon, ou r couples get to choose that special location that means
1
the most to them. We simply meet them there for a fun and unforgettable ceremony. Best o f all, as a low-overhead franchise you
never have to worry about the usual headaches t hat a traditional wedding brings like food & catering, elaborate set-ups or
employees to manage. Instead, we keep thi ngs simple by provid ing "Happily Ever After... Delivered!"
LEARN MORE: Visit www.theamber.co
PITCH: Bambas
About the Company:
BOMBAS is a line of purpose-built and thoughtfully designed athletic-leisure socks, re-e ngineered witl1 seven substantial updates
to look better, feel better, and with a mission to help those in need. With the knowledge that socks are the #1 most req uested
cloth ing item at homeless shelters, BOMBAS donates a pair for every pair purchased, and to date has donated more than 70,000
pairs. For more information, check out Bambas.com.
LEARN MORE: Visit www.bombas.com
Done Read ing A
more episodes >
Episode 24 Episode 23 Ep isode 22

S9 E24 I 02/25/lB jTV-PG S9 =I02/18/18 j TV-PG S9 E22 j02/ll/18 jTV-PG
Shark Tank > Episodes > Season 06 > l Season 6 Premiere· SleP.p1ng Baby. Hammer&. Nails, Ar<1ber, and Bambas
company info contact interest-based ads terms of use privacy policy
your califomia privacy rights children's online privacy policy closed captioning
about nielsen measurement
Captured by FireShot Pro [11-05-2018, 11:25:48]

EXHIBIT C
Title: Gap and Bombas Partner to Raise Awareness for Homeless Need Case 1:18-cv-04412 Document 1-3 Filed 05/17/18 Page 2 of 3
Lin k: https: //www.prnewswlre.com/news-releases/ gap-and-bo mbas-partner-to-ra ise-awa reness-for-ho meless-need-300178021 .htm I
Resources Blog Journalists Log In Sign Up Send a Release
C
PR Newswire
News Products Contact Search Q
News in Focus Business & Money Science & Tech Lifestyle & Hea lth Po li cy & Pub lic Interest People & Cu lture Adva n ced Sea rch
Gap and Bambas Partner to

Raise Awareness for Homeless
Need
B +
The exc lusive partnersh ip sets goal to donate l million socks to homeless
shelters
NEWS PROVIDED BY
Gap Inc. -+
Nov 76, 2075, 06:50 ET
NEW YORK, Nov. 16, 2015 /PRNewswi re/ -- This holiday season, Gap is joini ng forces with Bambas, t he at hletic -leisure
sock company w ith a philanthropic mission, to bring awareness to the most requested cloth ing item in homeless
shelters: socks. The exclusive Gap x Bambas col lection w ill be available in se lect Gap stores around the world and on
Gap.com. For every pair sold in partic ipat ing countries, Gap w i ll give a pair of specially-designed Bambas donation socks
to som eone in need.
The pa rtnership is part of Gap's ongoin g com m itment to

support loca l comm.u nities and to give back t his holiday
season. Since its foundi ng in 2013, Bombas has been
comm itted to donating a pair of socks for every pair sold and ,
to date, has donated more than 500,000 pa irs of socks in the
Un ited States. Inspi red by t hat accomp lishme nt , Gap has
co m m itted to bri ng ing awareness of the Bambas miss ion to a
•
global audience, and together the two brands share a goa l to
donate one m ill io n pairs of socks to homeless shelters in
pa rti cipat ing Gap m.arkets.
Gap x Bombas Socks for Men
"Gap has a lways been committed to incorpo rating a posit ive

soc ial impact into our everyday business," said Steven Sare, senior vice pres ident of Mercha ndising for Gap. "We saw a
natura l partner in Bombas because their giveback component resonates so strong ly with our values and those of our
customers who are excited about g iving back. We were also impressed by t he innovative desig n of the socks that
Bombas do nates, as they're specifica lly crafted to meet the particu lar needs of the people receiving t hem."
"Bambas was fou nded because we wanted to he lp so lve a problem that many peop le didn't know existed ," said Ra ndy
Goldberg, co-fo unde r and c hief brand officer of Born bas. "With t he suppo rt of Gap, we are able to b ring an international
spotlight to the iss ue that drives us year-round," added David Heath, co -founder and chief execut ive officer of Bambas.
The Bambas donation socks are purpose-bu ilt to he lp meet t h e needs of those w ho have inspired the Bambas mission.
Each pair has reinforced seams for greater durability, an anti-m icrobial treatment t o deter t h e growth of odor and
fungus and darker co lors to minimize visible wear. These attributes make a big differe nce in the lives of t hose who don't
have the luxury of having a clea n pa ir of socks eve ry day.
In store and on line (i n the U.S. and Canada), Gap w ill carry the exc lusive line of Gap x Bombas ca lf socks fo r adults and
children. Wit h in each category, there are four d ifferent color combinations exclusive to the pa rtners h ip. The Gap x
Bombas socks wi ll be ava il able at select Gap stores in the U.S., Canada and Japan. Working w ith charitable partners,
Good360 and t he National Coal it ion for the Home less, all Gap x Bambas and Gap brand socks purchased in these
countries as we ll as Gap brand socks purchased in the EU wi ll cont ribute to the goal of one mil lion donated.
To extend that campa ign furthe r, Gap is ra isi ng awareness for t he issue through socia l media w it h the use of the
hasht ag #socksforal l.
Fu rthe r details o n the campaign can be foun d at Gap.com.
AboutGap
Gap is one of the world 's most iconic apparel and accessories brands and t he authority on American casua l style.
Founded in San Franc isco in 1969, Gap's collections are designed to bu ild the foundat ion of modern wardrobes - all
th ings denim, classic w h ite sh irts, khakis and must-have trends. Beginning w ith the first internationa l store in London in
1987, Gap cont in ues to connect w ith customers on line and across the b rand 's about 1,700 company-operated and
franchise retail locations around the world. Gap indudes Women's and Men 's appare l and accessories, GapKids,
babyGap, GapMatern ity, GapBody and GapFit col lections. The brand also serves value-conscious customers wrth
excl usive ly-designed collections for Gap Outlet and Gap Factory Stores. Gap is the namesake brand for leading globa l
specia lty retailer, Gap Inc. (NYSE: GPS) which includes Gap, Banana Republic, Old Navy, Athleta and Intermix. For more
information, p lease visit www.gapinc.com.
About Bombas
Founded in 2013, Bombas is a col lection of high ly functional and fashionab le athletic-leisure socks with a philanthrop ic
mission. After d iscovering socks are the #1 most requested cloth ing item in homeless shelters, founders Randy Goldberg
and David Heath established the brand's mission to donate a pa fr of socks for every pair sold . Each sock is constructed
using Bombas Sock Tech, comprised of seven substantia l ways to improve the comfort, pe rformance and design of the
athletic sock. The collection is currently avai lable on www.Bombas.com in a variety of bold colors and neutral solid for
men, women and kids.
Media Contacts:
Challn Tulyathan
Gap
212 886 7445
cha Iin_tu lyatha n@gap.com
Emi ly Hofstetter
Bombas
845 641 5099
emily@bombas.com
Al icia Storey
Edelman
+44 (0)20 3047 2640
a licia.storey@edelman.com
Photo - http://photos.prnewswire.com/p rnh/207 511 12/286793

Logo - http://p hotos.p rn ewswi re.com/prn h/20l 5l l 12/286794LOG O
SOURCE Gap Inc.
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htt p://www.g a pi nc.com
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Title: Gap and Bambas Pa·r tner to Ra ise Awareness for Homeless Need Case 1:18-cv-04412 Document 1-4 Filed 05/17/18 Page 2 of 2
Link: http://www.gapinc.com/content/gapinc/html/media/pressrelease/2015/med_pr_gap_bombas_ 1115.htm1
Gap I C. • Jl·ittii• 0
ATtl Li A IN E1MIX Search Ga p Inc.
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GAP AND BOMBAS PARTNER TO

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RAISE AWARENESS fO,R Meet ug with us on Facebook
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'. ).ipRE's's;ifELEAS°Es; The exclusive partnership sets goal to donate 1 million socks to
View us on YouTube
tioJs ' homeless shelters
NEW YORK - November 1i6, 2015 - This holiday season , Gap is joining forces with
EMAI L AL ERTS
Bombas, the ath[etic-leisure sock company with a philanthropic mission, to bri ng Get breaking news 0 11 Gap Inc.
awareness to the most requested clothing item in homeless shelters: socks. The and our brands.
exclusive Gap x Bambas collection will be available in select Gap stores around the
world and on Gap.corn. For every pair sold in participattng countries, Gap w ill give a pai r
of specially-designed Bambas donation socks to someone in need.
The partnership is part of Gap's ongoing commitment to support local communities and
to give back this holiday season Since its founding in 201 3, Bambas has been
committed to donating a pair of socks for every pair so ld and, to date, has donated more
than 500,000 pairs of socks in the United States. Inspired by that accomplishment, Gap
has committed to bringing awareness of the Bambas mission to a global audience, and
together the two brands share a goal to donate one million pairs of socks to homeless
shel1ers in participating Gap markets.
" G;i[) h ;is ;;ilw;iys hf'Pr1 <:omm ittf'rl to i nr.orrinr;;ifina ;i rnsitivf' sor.i ;;il i m p ;;ir.l in to 0 11 r
everyday business," said Steven Sare, senior vice president of Merchandising for Gap.
"We saw a natural partner in Bambas because their giveback component resonates so
strongly with our values an.ct those of our customers who are excited about giving back .
We were also impressed by the inn ovative design of the socks 1hat Bambas donates, as
they're specifically crafted to meet the particular needs of the people recei ving them."
"Bambas was founded because we wanted to help sol;ve a problem th at many people
didn 't know existed," said Randy Gotdberg, co-founder and chief brand officer of
Bambas. "With the support of Gap , we are able to bring an international spotlight to the
issue that drives us year-round," added David Heath, co-founder and chief executive
officer of Bombas.
The Bambas donation socks are purpose-built to help meet the needs of those who
have inspired the Bombas mission. Each pair has reinforced seams for greater
durability, an anti-microbial treatment to deter the growth of odor and fungus and darker
colors to minimize visible wear. These attributes make a big difference in the lives of
those who don't have the luxury of having a clean pair of socks every day.
In store and onl ine (in the u_s_and Canada), Gap w ill carry the exclusive line of Gap x
Bambas calf socks for adults and children. Wrthin each category, there are four different
color combinati ons exclusive to the partnership. The Gap x Bambas socks will be
available at seJect Gap stores in the U.S. , Canada and Japan. Working wrt.h charitable
partners, Good360 and 1he Nati onal Coa lition for the Homeless, all Gap x Bambas and
Gap brand socks purchased in these countries as well as Gap brand socks purchased in
the EU will contribute to the goal of one million donated .
To extend that campaign further, Gap is raising awareness for the issue throug h social
media with the use of the hashtag #socksforal l.
Further details on the campaign can be fourtd at Gap.com.
About Gap
Gap is one of the world's most iconic apparel and accessories brands an d the auth ority
on Ameri can casual style_ Founded in San Francisco in 1969, Gap's collections are
designed to build the fou ndati on of modern wardrobes - all things denim, classic whrte
shirts, khakis and must-have trends. Beginning with the first intern ational store in
London in 1987 , Gap continues to connect with customers online and across the brand's
about 1,700 company-operated and franchise retail locations around the world_ Gap
includes Women's and Men's apparel and accessories , GapKids , babyGap ,
GapMatem ity, GapBody and GapFit collections. The brand aJso serves value-conscious
customers with exclusively-designed collections for Gap Outlet and Gap Factory Stores.
Gap is !he namesake brand for leading globat specialty retailer, Gap Inc. (NYSE: ,GPS)
which includes Gap, Banana Republi c, Old Navy, Athleta and Intermix. For more
information, please visit www.gai:iinc.com .
About Bombas
Founded in 20 13, Bambas is a collection of highly functional and fashionable athletic-

leisure socks with a philanthropic mission . After discovering socks are the #1 m ost
requested clothing item in homeless shelters, founders Randy Goldberg and Oavrd
Healh established the brand 's mission to donate a pair of socks for every pair sold. Each
sock is constmcted using Bambas Sock Tech, comprised of seven substantial ways to
improve the comfort, performance and design of the ath[etic sock. The collection is
currently available on www.Bombas.com in a variety of bold colors and neutral solid for
men, women and kids .
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EXHIBIT E
5/11/2018 Selling High-End
Case 1:18-cv-04412 DocumentSocks by GivingFiled
1-5 Them Away - The New Page
05/17/18 York Times
2 of 5
SlJt Nt\tJ Dork Simes
REVALUED
Selling High-End Socks by

Giving Them Away
By David Gelles
March 19, 2016
David Heath, a 32-year-old entrepreneur wearing customized black and pink Nikes, hovered near
the lunch line at the Bowery Mission, one of New York’s oldest homeless shelters.
“Want a pair of socks?” he asked an aging man in a tattered black coat who had come indoors on
a cold, rainy afternoon.
“I would love a pair of socks,” the man said. “Just what I need.”
Mr. Heath handed the man a pair of new high-end cotton socks and turned his attention to the
next person in line.
Along with his pal Randy Goldberg, Mr. Heath is a co-founder of Bombas, a start-up based in New
York that makes what it calls “the most innovative sock in the last 20 years.”
Pricing its socks, which feature neon colors with a bee logo, at up to $18 a pair, Bombas has been
developing a reputation for design and for its business model. For every pair that the company
sells, it gives a pair to someone in need.
While it may be tempting to write off Mr. Goldberg and Mr. Heath as millennial do-gooders
piggybacking on poverty to make a quick buck, the Bombas co-founders say they are addressing
a real need. Socks, it turns out, are the most requested item at homeless shelters. (Shelters won’t
accept used socks, not many socks are donated, and people living on the street wear through
pairs quickly.)
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It was this sobering fact that inspired the Bombas founders to start their company in 2013. A few
years on, they have donated more than 900,000 pairs of socks.
https://www.nytimes.com/2016/03/20/business/selling-high-end-socks-by-giving-them-away.html
05/17/18 York Times
3 of 5
By building altruism into its business model, Bombas joins a growing list of so-called buy-one-
give-one companies. Toms, a shoemaker based in Los Angeles, pioneered the idea. It gives away
a pair of shoes to children in the developing world for each pair it sells. In recent years, the
approach has expanded to companies making eyeglasses, snack bars, soap, toothbrushes and
even pet food.
But as the buy-one-give-one companies have proliferated, so have questions about the model’s
efficacy, and even its ethics. Impoverished children don’t need shoes as much as education and
clean drinking water, goes one line of criticism. Others pointed out that by flooding a community
with free shoes, a company like Toms was effectively putting local shoe stores out of business.
“As larger companies adopt these models to take advantage of the business opportunity,
consumers may become suspicious about the authenticity of the overall concept,” Christopher
Marquis and Andrew Park wrote in the Stanford Social Innovation Review. And as more
entrepreneurs seek to capitalize on this form of cause marketing, companies are devising all
manner of promises to entice new customers. United By Blue, an apparel maker in Philadelphia
that sells $600 jackets, pledges to clean up one pound of trash from waterways for every item it
sells.
That may be a worthwhile venture, but at some point, the connection between profit and
benevolence becomes strained. “Opportunities exist for smoke and mirrors, sleights of hand and
confusion on the part of the consumer,” said Katherine Klein, head of the Social Impact Initiative
at the Wharton School at the University of Pennsylvania.
Writing in The Journal of Consumer Psychology last year, a group of professors referred to the
practice as “guilt laundering.” And yet despite these critiques, buy-one-give-one companies are
not only doing good, but also thriving.
Mr. Heath and Mr. Goldberg were colleagues at a lifestyle website when they learned — via a
Facebook post — that socks were the most requested items in homeless shelters. Keen to start
their own company and solve that problem, they spent the next couple of years researching the
sock business and developing prototypes.
It didn’t take long for the men to arrive at a conclusion: “Most socks aren’t very comfortable,” Mr.
Heath said. The sock business was ripe for disruption, they decided.
After dozens of iterations, the Bombas founders developed a sock with several new features: a
seamless toe, a cushioned foot bed, an arch support system, elastic that keeps long socks up and
blister tabs on the backs of ankle socks.
05/17/18 York Times
4 of 5
The socks that Bombas donates to homeless people have reinforced seams and an antimicrobial
treatment. Kevin Hagen for The New York Times
“If we build a better pair of socks, we can sell more socks,” Mr. Heath said. “And if we sell more
socks, we can donate more socks.”
In October 2013, Bombas raised $145,000 through Indiegogo, a crowdfunding site. A year later, the
company raised a $1 million seed round from friends and family. To date, Bombas has sold more
than 900,000 pairs of socks.
As Mr. Heath and Mr. Goldberg have developed their business, they have learned from the
stumbles of their buy-one-give-one peers. Instead of trying to solve problems in distant lands, the
founders have focused on giving their socks to homeless shelters in the United States.
“If other companies can do this for developing world countries, why can’t we do this to solve a
problem that people don’t even know is right here in our backyard?” Mr. Heath said.
And rather than lead their pitch with the social mission, they try to keep the focus on what they
say are the most comfortable socks on the market.
“It’s a fine line between exploiting the people you’re trying to help and helping those people,” Mr.
Heath said.
05/17/18 York Times
5 of 5
Homeless advocates say their help is welcome, however it arrives. “Socks are one of the most
needed but often the least donated items at shelters,” said Megan Hustings, interim director of
the National Coalition for the Homeless. “Anything that works to get those socks to people is
good.”
The socks that Bombas gives away differ slightly from those that it sells. The donated socks
feature reinforced seams for added durability, dark colors that show less wear and an
antimicrobial treatment that prevents odors and germs.
While Bombas employees distribute some socks personally, they send most of the donations to
charity partners like Hannah’s Socks, a group in Ohio that has distributed 100,000 pairs to local
shelters.
Giving away so many socks comes at a cost. In 2014, when Mr. Heath and Mr. Goldberg appeared
on “Shark Tank,” the reality television show where entrepreneurs pitch investors, their buy-one-
give-one model came under fire.
“You have to double your sales to give me the equivalent returns I get from a company that’s not
doing the same thing,” said Kevin O’Leary, one of the hosts, declining to invest.
Another host, Mark Cuban, the billionaire owner of the Dallas Mavericks basketball team, said
the price point for socks was too low to justify the $4 million valuation the Bombas founders were
seeking.
Finally, Daymond John, founder of the Fubu clothing line, agreed to invest $200,000 for 17.5
percent of the company, or a valuation slightly over $1 million. (After the show, the terms of his
investment were renegotiated.) It was a humbling outing for the founders, who are now seeking
more funding.
Yet even without a heady valuation, Bombas is enjoying a growth spurt. Sales reached $4.6
million last year, and are expected to hit $7.4 million this year. The average pair sells for about $11.
During their recent visit to the Bowery Mission, while Mr. Heath and Mr. Goldberg handed out
socks, Bombas employees served stewed chicken, quinoa and tomatoes to more than 200 people
who had turned up at the shelter in the rain.
As Mr. Heath engaged in charity, he addressed a thorny issue. Was Bombas exploiting people’s
sympathy in order to make a buck? And if it was, did that even matter?
“As far as people washing away their guilt, that’s fine,” Mr. Heath said. “We’re doing something
good with the purchases they’re making. If they feel good about themselves, great.”
A version of this article appears in print on March 20, 2016, on Page BU3 of the New York edition with the headline: Selling High-End Socks by Giving Them Away
EXHIBIT F
5/17/2018 Meet Bombas, The Social
Case 1:18-cv-04412 Impact Company
Document 1-6ThatFiled
Gave 205/17/18
Million Pairs OfPage
Socks To
2 The
of 5Homeless
 / Under 30 / #ChangeTheWorld
FEB 6, 2017 @ 05:36 PM 14,405 
Meet Bombas, The Social Impact Company

That Gave 2 Million Pairs Of Socks To The
Homeless
Tori Utley,  CONTRIBUTOR

FULL BIO 
Opinions expressed by Forbes Contributors are their own.
Photo provided by Bombas.
There has never been a more explosive time in the world of social impact. Social
entrepreneurs have emerged from almost every industry, solving problems to
improve the lives of others while employing business strategies to do so. A popular
strategy has been the “one-for-one” business model, a model that’s easily tangible
for consumers to understand and connect with social impact – I buy one, they give
one.
https://www.forbes.com/sites/toriutley/2017/02/06/meet-bombas-the-social-impact-company-that-gave-2-million-pairs-of-socks-to-the-homeless/#140f0e15288b
Gave 205/17/18
Socks To
3 The
of 5Homeless
Meet Bombas, another player in the one-for-one business. The social impact sock
company has a twofold goal: first, design the best sock in the history of feet, and
second, give a pair of socks to someone in need with every purchase.
For cofounders Randy Goldberg and David Heath, the dream started when they
learned that the No. 1 most requested item in homeless shelters was socks. “I didn’t
grow up dreaming of being in the sock business,” Goldberg states, claiming he’d
never really thought about the importance of the sock before he learned about the
need. The need comes from the fact that donating socks comes down to hygienic
issues – socks need to be new, and unfortunately, there aren’t enough donations
coming in to meet demand.
After learning about the need, Heath and Goldberg realized that socks are largely the
same – the sock industry hadn’t been innovating, and not much had changed about
the everyday sock in decades. “We decided to start there – have a customer-focused
approach to innovate and create a great sock – the best socks in the history of feet,”
Goldberg states.
After investing over a year in R&D with factory partners, the team finally landed on
a great product. In August 2013, they launched an Indiegogo campaign that reached
over $140,000 in presales, and in 2014, the duo aired on Shark Tank where they
landed a deal with Daymond John. From there, things really started to grow.
That growth led to the achievement of the team’s initial mission – to give away as
many socks as they could to those in need in homeless shelters around the country.
When Bombas first got started, they hoped to give away 1 million socks to those in
need by 2025. But because of incredible reception by their consumers across the
globe, they hit that lofty goal in just two and a half years, announcing the
accomplishment in November 2016. They had been giving away more than 1,000
pairs per day.
But, something even more remarkable just happened for the Bombas team. Just six
months after reaching their initial 2025 goal of giving away 1 million socks, they
reached 2 million socks given to those in need.
https://www.forbes.com/sites/toriutley/2017/02/06/meet-bombas-the-social-impact-company-that-gave-2-million-pairs-of-socks-to-the-homeless/#140f0e15288b
Gave 205/17/18
Socks To
4 The
of 5Homeless
 / Under 30 / #ChangeTheWorld
FEB 6, 2017 @ 05:36 PM 14,489 
Meet Bombas, The Social Impact Company

That Gave 2 Million Pairs Of Socks To The
Homeless
Tori Utley,  CONTRIBUTOR

FULL BIO 
Opinions expressed by Forbes Contributors are their own.
Continued from page 1
“We had been running fast, so the moment we realized we had given away this many
socks was really just a moment to pause. A moment to realize that we appreciated
coming to work every day and why we’re building the company we’re building. It
was a moment to celebrate the team and remind ourselves why we started. More
than anything, it was affirming that other people felt the same way we did – that our
products were something worth purchasing and the cause was something to spend
time on,” Goldberg shares.
Goldberg shares the generous culture at Bombas, now employing nearly 30 people,
is another contributor to the team’s success. Goldberg states that when a new hire is
brought on the team, they’re given 10 pairs of socks to donate in the community to
those in need – a practice, Goldberg states, that helps root their employees directly
with the company’s mission. Beyond that, Bombas has created a culture of
volunteering and giving back – “We go and volunteer and are there to listen and
learn – to hear people’s stories and connect.” According to Goldberg, the Bombas
team now has more than 600 donation partners across the U.S.
For Bombas, this is just the beginning. After making an impact through 2 million
pairs of socks and touching numerous lives along the way, the company is looking
forward to another year of growth and impact, with potential partnerships on the
horizon with Veterans Affairs (VA) and Special Olympics.
For other social entrepreneurs, Goldberg has a word of advice: “Make sure you know
why you’re doing what you’re doing, and make sure you know who you’re supporting
https://www.forbes.com/sites/toriutley/2017/02/06/meet-bombas-the-social-impact-company-that-gave-2-million-pairs-of-socks-to-the-homeless/2/
Gave 205/17/18
Socks To
5 The
of 5Homeless
and what they really need. No matter what happens in your business, don’t sacrifice
the impact you’re making – it has to stay the primary driver.”
By designing the best socks in the history of feet and staying committed to their
customers, Bombas hopes to continue putting socks on those in need through
generosity, great design and a steadfast commitment to giving back.
Follow me on Twitter or Facebook for more stories on social entrepreneurs and

the organizations they create.
https://www.forbes.com/sites/toriutley/2017/02/06/meet-bombas-the-social-impact-company-that-gave-2-million-pairs-of-socks-to-the-homeless/2/
EXHIBIT G
5/11/2018 Case 1:18-cv-04412'Shark Tank' investor1-7
Document Daymond John05/17/18
Filed won big with Bombas
Page 2 of 4
MENU MAKE IT.

ENTREPRENEURS
How Daymond John faced failure and ended

up winning big
Ali Montag | @Ali_Montag | 9:00 AM ET Tue, 22 Aug 2017
David A. Grogan | CNBC
Daymond John speaking at the Iconic Conference in New York on June 7th, 2017.
When people fail, they often feel like they want to give up. But for the PRIMETIME SHOWS ›
most successful, like Daymond John, failure is just an opportunity to
learn.
WATCH FULL EPISODES | TV SCHEDULE

Before becoming an investor on ABC's "Shark Tank," John built his
reputation in retail, turning $40 worth of fabric into a $6 billion apparel
brand, FUBU.
Still, there's something John has failed at selling.
"I have a warehouse full of FUBU socks," John admits on the "The James
Altucher Show" podcast.
https://www.cnbc.com/2017/08/21/shark-tank-investor-daymond-john-won-big-with-bombas.html
Page 3 of 4
"Socks are the hardest things to sell," he says. "First of all, if you're
wearing them, I don't know what brand they are. They're in buckets and
barrels over at Burlington Coat Factory, right?"
So when a pitch on "Shark Tank" from the founders of a sock company

came along, John was skeptical. But Bombas actually convinced John to
rethink the product.
Bombas sells re-engineered athletic socks. And, for every pair they sell,
they donate another pair to charity. Their name comes from the Latin
word for bumblebee, and their motto "bee better" is stitched into every
sock as a reminder of the business' philanthropic mission.
Bombas co-founders David Heath and Randy Goldberg were working

together at a lifestyle website when they saw a post on Facebook about
homeless shelters struggling to find socks, according to The New York
Times. The idea led to the creation of the company.
"If other companies can do this for developing world countries, why
can't we do this to solve a problem that people don't even know is right
here in our backyard?" Heath says in the Times.
When Heath and Goldberg pitched the sharks in 2014, they had
$450,000 in sales. Although no other judges were interested in the
business — fearing the give-away aspect would be too expensive —
John was willing to make a deal to invest $200,000 for 17.5 percent
equity.
John says the company's online-only model was a new way to think
about socks, and a reason he was interested in the deal.
"They were selling socks, but they weren't selling in traditional retail
stores," he says. "They were selling them direct to the customer."
In fact, Heath says that was some of John's best advice — to stay out of
brick and mortar.
"We had early ambitions of and thoughts of going into retail," Heath
says. "[John] actually convinced us that really, e-commerce and direct-
to-consumer is kind of the future."
For John, the other reasons why Bombas' business works are simple but
powerful.
"Number one the socks are amazing, they have no seams on the front so
your toe doesn't get jammed up," he says. "Number two is they donate
Page 4 of 4
a pair to the homeless shelter, because the homeless, one of their
biggest challenges are the care for their feet."
The experience taught John a lot.
"I started to learn that I can't sell the crap of socks that I have in a
warehouse in Secaucus now, but these guys are selling it in a whole new
way," John says on the podcast. "So I started to educate myself on new
ways to do business."
In the two months after the Bombas "Shark Tank" episode aired, the
company did $1.2 million in sales and completely sold out of inventory,
Heath tells CNBC Make It.
Now, the company is on track to do $50 million in sales for 2017. The
success has also allowed them to increase their donations, from 70,000
pairs before "Shark Tank," to now over 4 million.
Though they taught John a thing or two, he's also helped them with
their success. "He's really open minded," says Heath of their shark, "and
just generally a smart business guy."
Don't miss: Daymond John broke his 'Red Lobster' rule to do these
'Shark Tank' deals—now they're his top 2 companies, making millions
Like this story? Like CNBC Make It on Facebook.
Disclaimer: CNBC owns the exclusive off-network cable rights to "Shark

Tank."
0
How Daymond John went from waiting
 tables at Red Lobster to creating a $6
billion urban clothing brand
Ali Montag
News Associate
EXHIBIT H
5/11/2018
0 7 . 2 9 . 1 7 M OV I N G T H E N E E D L E
Getting Startups Fired Up About Social Justice, One Sock At A Time

Bombas, a buy-one, give-one brand, is uniquely equipped to help other companies dip their toe in the world of social
giving. Here’s how they’re doing it.
1/9 Bombas 60K Day [Photo: courtesy of Bombas]
BY ELIZABETH SEGRAN
6 MINUTE READ
When you think of the immediate needs of the homeless, clean socks may not be the first thing that come to mind. But
they’re essential, says Ira Gooch, a program coordinator at Bridge Over Troubled Water, a shelter for homeless youth in
downtown Boston. “We’re dealing with a real sock shortage,” he notes. “We’re not allowed to accept used socks. And when
you’re homeless, socks are a really big deal.”
Socks are an afterthought to most people, but they are the most requested item at homeless shelters. Gooch explains that
when you’re homeless, your socks wear out easily, since you’re walking a lot. It’s hard to keep your socks clean because
you don’t have easy access to a washing machine. As a result, many people on the street develop foot problems. “We see
cases of frostbite in the winter,” he says. “Kids come in with blisters and bleeding feet, athlete’s foot, and other infections.
It’s not pretty.”
https://www.fastcompany.com/40445016/how-one-sock-brand-is-helping-startups-step-up-their-social-good-game
5/11/2018 Case 1:18-cv-04412 Document 1-8 Filed 05/17/18 Page 3 of 8
Randy Goldberg and David Heath [Photo: courtesy of Bombas]
In 2013, entrepreneurs Randy Goldberg and David Heath stumbled across a Facebook post that mentioned a serious need
for socks at homeless shelters around the country. They decided to launch a sock company called Bombas that would
follow the one-for-one model pioneered by the shoe brand Toms and adopted by brands like Warby Parker. Bombas has
worked hard to develop a line of premium, high-tech, fashionable socks, between $12 and $18, that customers would want
to buy. Some of Bombas’s best-selling socks are dapper polka-dot dress socks for men and pastel color-block crew socks
for women. Four years later, they have sold–and donated–nearly four million pairs.
Last week, when I visited Bridge Over Troubled Water, three employees from the Bombas headquarters in New York had
come to donate socks. While the brand sends thousands of socks to 750 organizations around the country, they
occasionally drop them off in person. “It’s a great way for us to bond as a team,” says Emily Hofstetter, who was employee
number three at Bombas and is now the brand’s head of communications. “We also think it’s really important to connect
with the people we are serving as a company, because it reminds us about our mission.”
[Photo: courtesy of Bombas]
The Bombas team has come with a big bag of socks, but they’ve also come with a picnic. Fifty young people are expected
to show up for a special lunch prepared by Bombas, so the team spends two hours cutting up watermelon, laying out lunch
meats, and cutting up tomatoes and lettuce leaves. Kelly Cobb, Bombas’s VP of community and giving, has spent the
weekend baking cupcakes with her mother for this event.
At noon, young people begin streaming into the shelter’s games room. The Bombas employees form a line to serve them
deli-style, making individual sandwiches to their specifications. “Dijon or honey mustard?” Cobb asks one young man. They
spend a minute discussing the merits of each and he settles on the Dijon. “Good choice,” she says.
Hofstetter says that these interactions have helped Bombas better serve the homeless. It was through the feedback they
received from the community that they decided to reengineer the socks they would donate to the homeless. “At first, we
firmly believed that those experiencing homelessness deserved the same exact socks that we sell to our customers,”
Hofstetter says. “But then it became clear that the homeless community have different needs, so our regular collection
wasn’t serving them well.”
While regular Bombas socks have a special seam that eliminates the bump at the toe, for added comfort, the donation
socks have a reinforced seam to make them more durable. The socks are treated with anti-microbial technology, so they
don’t need to be washed as frequently and deter fungus. Also, these donation socks only come in black, which is more
stain resistant. “We know we’re not solving the problem of homelessness with what we do,” says Cobb says. “But our goal
is to solve an immediate need. And right now, that need is socks.”
But Hofstetter points out that these visits are also reinvigorating to employees, since it puts a face to the people they are
trying to help with their business. It also gives meaning to their everyday tasks–like making spreadsheets and calling
suppliers–when they return to the office.
Now, Bombas is trying to pave the way for other companies to have in-person giving experiences. Bombas is uniquely
equipped to do this, since it has built relationships with homeless shelters and the nonprofit sector. Many companies have
time and funds set aside for employees to contribute to charitable causes, but it can be hard to know exactly
how. “Whenever we talk to other companies, they always say they want to increase their social good initiatives, they just
don’t know where to start,” Hofstetter says.
01:32
This year, Bombas has been creating ways for other brands to dip their toe into the world of social good. In February, they
created an event called “60K day,” which was based on the concept than on any given night, 60,000 people in New York
end up at a homeless shelter. The plan was to bring individuals from 60 of New York’s hottest companies to visit a shelter
and hand out 60,000 socks. Among the brands that showed up were startups like Birchbox, Thinx, Kind, Casper,
Classpass, Harry’s, Maple, and Spring, among more established brands like Gap, LinkedIn, Shake Shack, and Kenneth
Cole.
For people who haven’t interacted with vulnerable communities before, the process can seem daunting. Bombas helped
bridge this gap by offering some guidelines about how to chat with people experiencing homelessness. For instance, it is
important to be warm and friendly in conversations, but it is best not to ask where someone is from, since this might be a
painful issue for them to talk about.
“The goal was to make it really easy for them to participate in the sock donations,” Hofstetter explained. “But it was
also about starting a broader conversation about homelessness, and providing a model for these companies to replicate
about how to get involved with their communities.”
The event was a big success. Employees from the various brands mingled and felt a sense of community, but it
also spurred conversations about how each company can use their own particular areas of strength to contribute in their
own unique ways. Birchbox, for instance, has been donating boxes of beauty products–from shampoo to nail polish–to
homeless women. Harry’s has been donating razors to people in need and funding charities that serve veterans. Shake
Shack has been enlisting its staff to donate food to the hungry after work. These discussions spurred other, less socially
involved brands to consider how they can help.
.r:rn:I .r m
EZlJ ED
......
""""''
Bombas 60K Day [Photo: courtesy of Bombas]
This summer, Bombas launched another program called “Skip Day,” where it invites New York-based companies to take
advantage of Summer Fridays and flexible summer hours to volunteer to serve the homeless community. Bombas makes it
easy for individuals at companies to jump right into the work. Employees from different companies can gather and
assemble bags of products that the homeless need to get through the hot summer months, such as cold bottles of water,
ice pops, and wipes. They then go out into the streets to hand these out.
Right now, all of these programs are taking place in New York, where Bombas is based. But soon, Bombas wants to bring
this model to other cities around the country.
“We don’t want Skip Day to be a one-off chance for people to help,” Hofstetter says. “We’re trying to lay a foundation so
that they feel comfortable continuing to do this work on their own. There is so much need, we need all hands on deck.”
ABOUT THE AUTHOR
Elizabeth Segran, Ph.D., is a staff writer at Fast Company. She lives in Cambridge, Massachusetts. More
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EXHIBIT I
I 1111111111111111 111111111111111 IIIII IIIII 111111111111111 IIIIIII II IIIII IIII
US00D723261S
c12) United States Design Patent (10) Patent No.: US D723,261 S

Heath et al. (45) Date of Patent: ** Mar. 3, 2015
(54) SOCK D702,446 S * 4/2014 Boyle .............................. D5/61

D712,126 S * 9/2014 Kuerbis ......................... D2/958
(71) Applicants:David Heath, Armonk, NY (US); Ian D712,599 S * 9/2014 Batista et al. ............. D29/116.2
D713,629 S * 9/2014 Petrie ............................. D2/958
Velardi, Armonk, NY (US); Aaron
Wolk, Armonk, NY (US) OTHER PUBLICATIONS
(72) Inventors: David Heath, Armonk, NY (US); Ian Zappos. Nike Dri-Fit Crew 6-Pair Pack. 2011 [online], [site visited
Velardi, Armonk, NY (US); Aaron Nov. 19, 2014]. Available from Internet <URL:http://www.zappos.
Wolk, Armonk, NY (US) corn/nike-dri-fit-crew-6-pair-pack>. *
(73) Assignee: Bombas LLC, Armonk, NY (US) * cited by examiner
(**) Term: 14 Years Primary Examiner - Robert M Spear

Assistant Examiner - Darcey E Heflin
(21) Appl. No.: 29/494,322 (74) Attorney, Agent, or Firm - St. Onge Steward
Johnston & Reens LLC
(22) Filed: Jun. 19, 2014
(51) LOC (10) Cl. ................................................ 02-04 (57) CLAIM
(52) U.S. Cl. The ornamental design for a sock, as shown and described.
USPC . ... ... ... .. ... ... ... ... ... .. ... ... ... ... ... .. ... ... ... ... . D2/994
DESCRIPTION
( 58) Field of Classification Search
USPC .......... D2/853, 896, 901, 902, 909, 910, 923, FIG. 1 is a front right side perspective view of a first embodi-
D21927, 936,940,946,949,958,980,984,
ment of a sock in accordance with the new design;
D2/986, 991, 999, 994; D3/318; D5/36, FIG. 2 is a right side elevational view thereof;
D5/43, 60, 61; 2/239-242, 409; 36/83, 88,
FIG. 3 is a left side elevational view thereof;
36/94, 102,106, 113-115, 126-130 FIG. 4 is a top plan view thereof;
See application file for complete search history. FIG. 5 is a bottom plan view thereof;
FIG. 6 is a front elevational view thereof; and
(56) References Cited
FIG. 7 is a rear elevational view thereof.
U.S. PATENT DOCUMENTS FIG. 8 is a front right side perspective view of a second
embodiment of a sock in accordance with the new design;
D65,736 S * 10/1924 Groman ........................... D5/59 FIG. 9 is a right side elevational view thereof;
D86,412 S * 3/1932 Schindler ....................... D2/984 FIG. 10 is a left side elevational view thereof;
D204,299 S * 4/ 1966 Bossong ........................ D2/984
FIG. 11 is a top plan view thereof;
5,435,012 A * 7/1995 Lincoln ............................. 2/159
D364,040 S * 11/1995 Suskind ............................. D5/1 FIG. 12 is a bottom plan view thereof;
6,044,494 A * 4/2000 Kang ................................ 2/167 FIG. 13 is a front elevational view thereof; and,
D544,196 S * 6/2007 Caine ............................. D2/972 FIG. 14 is a rear elevational view thereof.
D599,087 S * 9/2009 Kay et al. ....................... D2/909 The broken lines shown in FIGS. 1-14 are for the purpose of
D669,666 S * 10/2012 Nakamura ..................... D2/946
8,397,542 B2 * 3/2013 Tokumoto et al ............... 66/191 illustrating portions of the sock that form no part of the
D679,533 S * 4/2013 Stoddard ........................ D6/592 claimed design.
D684,759 S * 6/2013 Lee et al ........................ D2/972
D702,047 S * 4/2014 Rhodes et al .................... D5/58 1 Claim, 14 Drawing Sheets
U.S. Patent Mar.3,2015 Sheet 1 of 14 US D723,261 S
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EXHIBIT J
Title : Stea lth Socks : Covertly Fresh, Impeccably Sty led by Maison ImpeccableCase - Kickstarter
1:18-cv-04412 Document 1-10 Filed 05/17/18 Page 2 of 14
Link: https ://www. kicksta rter.com/ proj ects/ 708442929/ stea lth-socks-covertl y-fresh-i mpecca bly-styled
Explore St art a project

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Pattern of your choice
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Styled Retail value: $23
2,227 ESTIMATED DE LIV ERY SHI PS TO
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BUSINESS USA RUNNER'SWl•J;J••1

IN s ID ER TODAY THE W ORLD'S LEADING RUNNING MAGAZINE
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GEAR PATROL EVERYDAY CARRY The Quartermaster
ruCONSUMPTION GESSATQ
l x Covert Travel Kit
-~- 1GEEK~Ao'RII
Retail value: $32
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1one~ ET A~i~$S~i24H~~
world
EAR LI sT examiner.com ~Tracxn •

..=.
Limited
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Life, Tailored •TS Pledge $ 29 or more
Q 13\~ TECHMalak The Quick-Draw
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Yo;ir gui<Hs lo modt<n retoil
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world
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"The Stealth Soc k s . .. ac h i eve the imposs i b le; a soc k that

fit s w e l l an d w o n' t d evelo p a f o ul odo r durin g w ea r " 100 backers
- Business Insider
" T hese soc ks ar e p oise d to b e a step o r te n ab ove

eve rythin g else in yo ur t o p draw er " Pledge $32 or more
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Pattern (s) of your choice
y ou ha ve on now look sad in c ompar ison "
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c ool and sweat-f ree under pre ss ure" world
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THE PROBLEM
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Rough day at work. The Agent
Scramble for a loomi ng dead line. Presentation to a surly manager. Gunfi re from villainous Pattern (s) of your choice
l x pair of Deodorizers
henchmen. One of t hose days.
Retail value: $81

You r body sweats to keep you cool in tense situations. In fact, your feet have one of the
highest concentrations of sweat glands on your body, and are confi ned in stifling boxes world
ca lled shoes most of the day. Th is is not a recipe for feel ing (or smell ing) like success.
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r ne worK weeK warrior
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Inspired by the archetypa l super-spy, we 've created t he perfect sock to keep you looking
and feel ing effort lessly cool, whether stress mea ns spreadsheets or shootouts. Throug h the
design process, we've tested every product on the market and made dozens of prototypes world
to reach t he perfect blend of features and capabilit ies. Like an ejection- seat-equipped
Limited
sports car, the Stea lt h Sock's stylishly unassum ing exterior conceals t he incred ible 216 backers
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T h,::, 1-1!:lnrll<=>r
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Pattern(s) of your choice
Retail value: $267
Socks aren't the first item in our wardrobe we give EST IMATED DE LIV ERY SHI PS TO
thought to; however, they are an important part of a Aug 2016 Anywhere in t he
world
man 's clothing. Like a weak link in a chain, poor quality
socks matched with a high quality su it and shoes ri sks Limited
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weaken ing the strength of your entire presentation .
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EST IMATED DE LIV ERY SHI PS TO

The secret weapon behind the Stealth Sock is its unique one-two punch of fabric Aug 2016 Anywhere in t he
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technologies. The first of its kind, bacteriostatic silver and activated carbon infused fibers
work synergistically to keep you cool and odorless. Paired with its advanced construction Limited
60 backers
methods and features, there 's no better sock on the market.
Self-ad1usting non-shp cuff _ _ __,
Fund ing period

Mar 16 2016 - Apr 29 2016 (44 days)
- - - Silver and carbon infused fibers
180" Ankle cush1on1ng
Ergonomic Y-stitched heel

..,.___ Mesh vent1lat1on zones
Hexagonal cushioning - - --"Ii

Dynamic arch support
Reinforced seamless toe cap
Anti-Odor
•••••••
Moisture Wicking
e
Breathable Comfortable
@
Durable
Like the agents it 's designed for, the Stea lth Sock can go anywhere and do anyth ing. Sleek
and svelte, it's thin enough to fit perfectly under a handcrafted leather dress shoe, yet its
ample cushioning and performance features make it equa lly at home under boots on the trail
or sneakers and jeans off-duty.
New to the Stealth Sock fami ly are the Recon & Zero. Just in time for the campaign's end ,
these unlocked stretch goals provide the technolog ical punch of the Stealth Sock in more
casual or beach-appropriate cuts.
R E C 0 N
AVAILABLE IN BL ACK AND LIGHT GREY
z E R 0
AVAILABLE IN BLACK ANO LIGII T GIEY
SMELL YA LATER
True to its na me, the Stealth Sock feat ures an unmatched abil ity to remain undetectably
fresh, even after mu ltiple wea rs and heavy use. How is t hat possible? Well:
0 0 0 0 0
0 0 0 0
0 0
ODOR PARTICLES
Sweat itself doesn't smell, but the microbes on our skin do.
BACTERIOSTATIC SILVER IONS

Threads infused with pure bacteriostatic silver disrupt
their cells to prevent the buildup of funk.
POROUS CARBON NANOPARTICLES

Porous activated carbon absorbs the remaining odor by
working as a charcoa l filter, trapping smells silver might
miss and t ransporting moisture away from the skin.
r,,
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,
A unique, dual-;.threat approach to odor management
that resi~Js bacteria up to 5X better than normal socks
Stealth Sock silver fabric works by keeping bacteria, t he real odor culprits, in chec k at
healthy skin levels; w ithout it, t hey grow uncontrollably lead ing to that locker-room smell.
BACTERIAL GROWTH ON FABRIC
- Stealth Sock silver fabric
Untreated fabric
Natural skin level

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so go ahead, wear ·em again if the situation ca lls for it. Pack a little lighter for that trip. w e
won't tell - and nobody else can.
KEEP YOUR COOL

Like your favorite gym gear, Stea lth Socks fight rising temps by transporting moistu re away
from your skin while improving air circulation and breathability.
MESH VENTILATION ZONES

Mesh panels enhance ventilation by allowing cool
air to permeate the sock and prevent heat bu ildup
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Stealth SOCKS wfck moist! : 2x faster than merino wool
'["T T , -
-.s_ocks and 4x faster than regular cotton/poly socks
thanksJo carbon - infused fi6ers and terry loop~ack fabric
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To prove the Stealth Sock's performance, we had samples tested at a 3rd party laboratory
certified by the American Association of Textile Chem ists and Colorists.
MOISTURE WICKING COMPARISON

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Stealth Sock Merino Sport Sock Cotton-R:>ly Sock
Tested Socks by Type
•AA1t:C Test Method 197-2013
IN THE [COMFORT] ZONE

In addition to keep ing feet dry and breathable, the Stea lth Sock featu res strategically placed
cushioning and a seamless toe for maximum comfort and wea rab ility.
HEXAGONAL CUSHIONING
Targeted cushioning softens each step you take
while channeling cooling air in between
SEAMLESS TOE CAP

Toe seams hand-linked using specialized
equipment prevent friction and irritation
around the toe box.
ANKLE CUSHIONING
Added cushioning offers 180° protection to
prevent rubbing and chafing at high friction
areas on the back of the ankle.
THE PERFECT FIT

Stylish clothes are worthless without proper fit, and state-of-the-art socks are useless if
you spend ha lf you r time pu ll ing at and adjusting them . By pairing our unique fiber blend
with top of the line fit featu res, you can be confident that your Stealth Socks will always stay
in place and never let you down.
Self-adjusting cuff conforms to your calf
Y-STITCHED HEEL
An extended heel pocket made using a Y-stitch
method cups your foot for an ergonomic fit.
DYNAMIC ARCH SUPPORT

Compression ribbing supports your foot arch and
ensures a secure fit.
The Stea lth Sock's unique fi ber blend give it a higher degree of stretch and adaptab ility t han
most other products. As a resu lt, it fits comfortably on feet from US Men's 5/ Women's 6 to
Men's 14/ Women 's 15.
Lengthwise stretch
STAY SHARP
Some brands have caught crit icism for allowing silver to leach out of t heir clothes and onto
t heir wearers. Unli ke cheaper, coated t hreads, the Stea lth Sock utilizes a po lymeric matri x
design to encapsu late t he silver in its fibers. This means t he odor-fighting ability is proven
to stay in t he sock and off your skin, all wh ile ensuring antim icrob ial effectiveness even after
100-t- washes.
BACTERIOSTATIC ACTIVITY AFTER WASH ING
• Stea lth Sock silver fabric
• Leading competitor silver fabric
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# of Washings at 40°C
• 50 b330Test Method
When we were testing other socks on t he ma rket, nothing irritated us more t han spending
$30 on a pair with some cool technology, only for it to pill to shreds and disintegrate after
on ly a few wears. We vowed never to make t hat mistake. Besides using a naturally more
wear-resista nt fabric, we added :
POLYMER REINFORCEMENT
Polymer strengthens high-wear zones and reduces
pilling for improved longevity.
MASTER THE PATTERN

001 - NIGHTFALL
Blue and grey fibers combine in a luxurious microstripe, creating a
unique look and texture that fits in any occasion.
002 - REDACT
Our most formal and inconspicuous pattern, this rich charcoal smartly
conceals the tech in your shoes - perfect for black tie or black ops.
003 - WRAITH
This simple yet elegant light grey choice is the perfect all- season
pairing for the lighter pieces in your wardrobe.
004 - MARINER
With its rich navy hue, the Mariner is the quintessential sock - subtly
suitable with any shade of casual, business casual, or formal attire.
005 - RUGGER
Bold crimson and navy stripes bring a tastefully fun flair with this
classically preppy collegiate staple.
006 - TERRA
Stay grounded with wonderfully wide block stripes in navy and green
that are equally at home on land or sea.
007 - ROYALE
Keep your cool at the Monte Carlo or your weekly poker game with
this stylish playing card motif set against a clean grey body.
008 - NOCTURNE
This celestial pattern features deep midnight blue studded with intense
Aquamarine - a versatile look at the office or half a world away.
009 - TEMPEST
Amethyst dots provide vivid contrast against a dark grey backdrop like
the calm before a coming storm.
010 - HIGHLAND
Pack some punch with this navy argyle - descended from Scottish
tartans to become one of the most iconic patterns in the world.
BACK THIS PROJECT

Preorder your SteaWl Socks now
TOOLS OF THE TRADE

The Covert Travel Kit
Designed with versatil ity in mind, the Covert Travel Kit's zippered pockets and elastic straps
make it the perfect case for carrying and organizing your gear in any situation . Built out of
heavy-duty nylon, toss it into you r suitcase for you r next trip or use the integrated webbi ng
system to strap it into a bag or pack.
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Load outs might include:
• Toiletries, shaving gear, and documents for travel

• First aid items. tools, and a flashlight to keep in the car
• Ha rd drive, cables, and a mouse for work on the go
• Pocketknife, chargers. and pens for EDC
• Survival tools and emergency suppl ies for camping
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The Deodorizer
Bu ilt with the same charcoa l carbon technology, the Deodorizer is a natura l companion to
our Stealth Socks. Coming in a two pack, the Deodorizer captures odor with a sli m and
convenient form factor, perfect for sli pping into shoes, gym bags, suitcases, or anywhere
else odors or hu mid ity aren't welcome.
GET REWARDED
$25
THE QUARTERMASTER lX
Retail value: $32
$32
THE ROOKIE 2X
Pattem(s) of your choice
Retail value: $46
$48
THE AGENT
lX 3X
1x pair of Deodorizers
Retail value: $81
$74
THE PATHFINDER 5X
Retail value: $115
$95
THE WORK WEEK WARRIOR
lX lX
Retail value : $152
$135
THE OPERATOR 1Ox
1Ox pairs of Stealth Socks
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$149
THE HANDLER
1Ox pairs of Stealth Socks
Pattern(s) of your choice 1X 1X
Retail value: $26 7
$249
THE DOUBLE AGENT
20x pairs of Stealth Socks 2X 2X
2x pairs of Deodorizers
Retail value: $534
Customize Your Loadout
Additiona l deodorizers, t ravel kits, and Stealt h Socks available as add-ons via backer survey
at t he end of t he campaign.
+ + + + +~
STRETCH GOALS
$30,000 - UNLOCKED
TEMPEST
Amethyst dots provide vivid contrast against a dark grey backdrop like
the calm before a coming storm.
$50,000 - UNLOCKED
HIGHLAND
Pack some punch with this navy argyle - descended from Scottish
tartans to become one of the most iconic patterns in the world.
$70,000 - UNLOCKED
THE STEALTH SOCK - RECON
This ankle -cut variant of the Stealth Sock packs the fiber technology
and features of the full-size version while keeping a lower profile.
$100,000- UNLOCKED
THE STEALTH SOCK - ZERO
This no-show variant of the Stealth Sock runs completely under the radar
and are perfect for loafers and boat shoes.
BACK THIS PROJECT

Preorder your SteaWl Socks now
OUR STORY
Meet the founders: Gabby, Ben, and Kevin
Maison Impeccable was founded in early 2015 by a few high school friends from Michigan
reu niting from coast to coast throug h a shared passion for style and a love of action flicks.
Our team spans a dive rse range of industries and experiences: business, medicine, retail,
tech, and even fi nance - all of which help to give us unique insights and perspectives into
the clothes we wear and how we can improve them.
Despite diffe ri ng backgrou nds, we all independently ended up at the same conclusion :
today's clothes sim ply aren 't as good as they should be, always forcing us to sacrifice on
one aspect or another. We' re not the first to come up with th is idea either - a ha ndfu l of
other bra nds are paving the way and doing great work. That said , when we tried what was
on the market, something always wasn't quite right. Sure, A was great, but B was all w rong .
Why didn't t hey do C and had t hey even considered D? Rather than wait for compan ies to
magica lly figure out and produce what we wanted, we decided stri ke out on our own. We
were already reading and lea rning about t his stuff obsessively in our free time, why not
make something of it?
The Support Team
As much work as we·ve put in over the past year and change, we wouldn 't be whe re we are
today w ithout all t he people who've helped us along t he way. Among othe rs, we'd li ke to
tha nk:
Edd St ephen Brian Lauren

Video Production Video Production Photography Social Media
Megan Kate Rich Chuan

PR & Strategy PR & Strategy Marketing & Analytics Marketing & Analytics
THE MISSION
Maison Impeccable is a startup ded icated to evolving garments and how we interact w ith
them. By ana lyzing clothing equally through the lenses of util ity and aesthetics, we seek to
engineer pieces that offer uncompromising pe rforma nce across all use cases. Building upon
the belief t hat each individual is the hero of their ow n life, our goal is to keep wearers
outfitted for the day's missions, wherever they may lead .
WHY KICKSTARTER
As t he common Kickstarter story goes, the t raditional model of buy-fi rst-sel l-later
manufact uring is too expensive for new brands just getting sta rted.
To ma ke Stealth Socks, we need to ma ke a minimum order from our factory of severa l

thousand pairs - after all, it doesn't make sense for the m to set up and retool machines to
make a few dozen socks. Crowdfunding on Kickstarter lets us secure enough initial orders
to make a large production ru n so we can bring costs and prices down to reasonable levels.
Without you, we'd have to either make a small order w ith a crazy- high cost, or keep
thousands of pairs sitting arou nd in a warehouse as we find buyers one-by-one.
Funding raised throug h t he campaign wil l go towards production , ma nufacturing, and

shipping the Stealth Sock as well as fuel t he development of awesome new product lines in
the future!
I SHIPPING
I
All orders wil l be shi pped from our fulfi ll ment warehouse in Georgia. We evaluated dozens of
companies for reputation , reliability, and experience before choosing t his critical
partner. We're proud to offer free shipping w ith in t he Un ited States for all Kickstarter
backers.
For operatives outside of t he US, shi pping will add a small fee to cover added costs. Taxes,
VAT and/ or duties aren 't included in t he prices and may be added in accordance wit h you r
local regulations.
Because pol icies around customs and duties can vary by cou nt ry, please check yours in
advance to avoid any complications down the line!
Tl MELINE
2015
JANUARY
Ml team founded
APRIL
Visited and sourced manufacturers
MAY
First Stea lth Socks desi gned
2016
FEBRUARY
Finalized prototypes
MARCH
Campaign launches
APRIL
Campaign ends
MAY
Funding received, surveys go out
JUNE
Product ion comp l ete
AUGUST
Product arr ives at fulfil lment center
SEPTEMBER
Sh ipp ing to backers comp l ete
SHARING
FOLLOW AND SHARE ON INSTAGRAM
For any press enquiries, please contact press@impeccable.maison
IN PARTNERSHIP W ITH
COM AN PARTNERS
TOP CROWDFUNDING MARKETING AGENCY
This project was Boosted with kickbooster

-~
Featured on BACKERCLUB .co

Risks and challenges
" What's life w ithout a little risk?"

Words to live by, maybe not what you look for in your Kicksta rter projects. Whe n the Stealt h
Sock is successfu lly funded, we w il l do everythi ng in our power to ensure we meet our
timeline. We've spent t housands of hours working to develop and sync manufacturing,
packaging, and logistics to be ready to hit t he ground running as soon as our timer hits zero.
With dozens of samples crafted and delivered to friends, media, and teste rs around the
world, all elements of our supply chain have been tested and tuned . We will deliver.
The most li kely risks have to do with timing: machine time for production , logistics time
across t he ocean, and fu lfi llment time to get into you r ha nds. We' re keeping our partners in
those fields ready and w ill continue to do so throughout t he campaign so we should be
ready to go .
Beyond that, we don't see any direct risks or challenges, but the path to get here frequently
rem inded us t hat life always has a few su rprises in store. Our diverse backgrounds and
experiences will help us ma nage whatever might pop up , and counter to our otherwise
clandestine ways, we promise to run this campaign with clear communication and fu ll
transparency.
Learn about accountability on Kickstarter
Questions about this project? Check out the FAQ
ReRort t his project to Kickstarter
Arts Comics & Illustration Design & Tech Film Food & Craft Games Music Publishing
ABOUT SUPPORT HELLO MORE FROM KICKSTARTER
About us Help Center Kickstarter Blog Drip

Our chart er Contact Engineering Blog Kickstarter Live
Stats Our Rules Newsletters The Creative Independent
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Jobs Campus
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• Kickstarter, PBC © 2018 English ... $ us Dollar (USO)
Trust and Safet y Terms of Use Privacy Policy Cookie Policy
Captured by FireShot Pro [ 11-05-2018, 10:00:50]

EXHIBIT K
Title: Ma,is.on Impeccable I Effortles.s., Eng inee red. Case 1:18-cv-04412 Document 1-11 Filed 05/17/18 Page 2 of 4
e
Link : https.://www. impeccab le.mais.an/
SHOP ABOUT MORE $ 10 OFF PROFILE CART 0.

MAISON IMPECCABLE
-- ~-~-- SHOP NOW

- ----- - -- --===--~-=----=-=--~-- -
MISSION
Maison Impeccable is dedicated to evolving garments and how we interact with them. By analyzing clothing through
the lenses of utility and aesthetics, we engineer pieces that offer uncompromising performance -
keeping users outfitted for life's journeys, wherever they may lead.
_,,,., .
.......,.....
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S_HOP NOW
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FROM THE PRESS
"Stealth Socks .. These socks are ... These socks make A sock that cou ld keep
ach ieve the impossible; a step or t en above whatever you have on even James Bond's
[it] fits wel l and won't everyt hing else in now look sad in feet cool and sweat-
develop a fou l odor'' your top drawer comparison free under pressure
BUSINESS
INS IDER GEAR PATROL !!!CONSUMPTION
#STAYIMPECCABLE
BUSINESS
INSIDER
!!!CONSUMPTION GEAR PATROL EVERYDAY CARRY THE MANUAL
Stay ahead of the curve:
your-email@example.com
© MAISON IMPECCABLE 2017. ENGINEERED IN LOS ANGELES. CALlf=ORNIA. PRIVACY PO L ICY TERMS OF SERV I CE

EXHIBIT L
Title: Products - Maison Impeccable Case 1:18-cv-04412 Document 1-12 Filed 05/17/18 Page 2 of 4
Link: https://www.impeccable.maison/co llections/all
Limited Time Only- FREE US SHIPPING on orders over $25
SHOP ABOUT MORE e

MAISON IMPECCABLE
$10 OFF PROFILE CART Q
PR 0DUCTS
1
Someone from Bedford Corners. New York

. ' ThA Stealth Sork
...
COV ER T T RA V EL K IT - ONE SIZE DEODORIZERS - ONE SI ZE T HE ST EA LTH SOCK - NIGHTFA LL
•
$21 .00 $8 .00 $16.00
* 1 review 1 review 16 reviews
T HE STEA LTH SOCK - W RA IT H T H E ST EALTH SOCK - ROY ALE TH E STEA LT H SOCK - T EM PEST
•• ••
$16.00 $16.00 $16.00
16 reviews 16 rev iews
** 16 reviews
TH E ST EALTH SOCK - H IGHLA ND T HE STEA LTH SOCK PRO T OTYP E - ONE SIZ E T H E ST EALT H SOCK RECON - L/ Xl
•• •
$16.00 $10.00 $14.00
16 rev iews 8 reviews
..
THE STEALT H SOCK RECON - L/ XL TH E STEA LT H SOCK RECON - L/ XL T HE STEA LT H SOCK RECON - L/ XL
•
$14.00 $14.00 $14.00
* 8 reviews 8 rev iews 8 reviews
T HE STEALT H SOCK RECON - L/ XL THE ST EALT H SOCK RECON - L/ XL T HE STE ALTH SOCK RECON - S/ M
•
$14.00 $7 4.00 $7 4.00
* 8 rev iews
* 8 reviews 8 reviews
THE STEALTH SOCK RECON - S/M T HE ST EALTH SOCK RECON - S/ M THE ST EALTH SOCK RECON - S/ M
•
$14.00 $14.00 $14.00
*
8 rev iews
THE STEALTH SOCK RECON - S/ M T HE ST EALTH SOCK RECON - S/ M T HE STEALTH SOCK ZERO - J ET BLACK
• •
$14 ..QO $7 4.00 $12.00
8 reviews
THE STEALT H SOCK ZERO - PHAN TOM GREY THE STE ALTH SOCK ZERO - SAHARA KHAK I
•
$12.00 $12.00
2 rev iews 2 rev iews
HOME ABOUT FAQ SHIPPING CONTACT Stay ahead of the curve:
your-email@example.com
~, MAISON IMPECCABLE ;,_017. ENGINEERED IN LOS ANG!:LES, CALIFORNI.<'>. "illV~.,:v <'0'..IC'i •ERM5 OF Se:R\'lr_:E
- PayPal
Ca pt ured by FireShot Pro [ 11-05-2018, 11:55:47]

Bombas v. Maison Impeccable - Complaint

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Bombas v. Maison Impeccable - Complaint

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Case 1:18-cv-04412 Document 1 Filed 05/17/18 Page 1 of 35

UNITED STATES DISTRICT COURT

FOR THE SOUTHERN DISTRICT OF NEW YORK

BOMBAS LLC (“Bombas” or “Plaintiff”), by its attorneys Whitmyer IP Group, brings

Statement of the Case

This is an action by Plaintiff against Defendant for federal trademark infringement

Defendant’s products, specifically socks (“the Infringing Socks”).

unlawfully exploited by Defendant, and to avoid irretrievably lost sales.

Jurisdiction and Venue

operative facts shared with the federal causes of action.

Plaintiff’s intellectual property.

products to consumers or retailers in this District.

through an interactive website, https://www.impeccable.maison/, on which the Infringing Socks are

Defendant’s goods, among other things. Defendant is a sophisticated internet/marketer seller—its

Defendant has committed acts of intellectual property infringement in New York,

including this District.

Venue is proper in this Court pursuant to 28 U.S.C. §§ 1391(b), 1391(c), and

infringe Plaintiff’s intellectual property.

FACTS COMMON TO ALL CLAIMS FOR RELIEF

To that end, Plaintiff began fundraising on the website www.indiegogo.com in April

campaign, which is incorporated herein by reference.)

incorporated herein by reference.)

of socks to those in need.

Plaintiff’s Well-Known Trademarks

emblematic of the way bumblebees work together.

law trademark rights in, the following trademark in relation to socks:

Plaintiff is the owner of the following U.S. trademark application covering

Plaintiff’s Mark is always prominently displayed on Plaintiff’s goods and packaging

and in Plaintiff’s marketing:

As a result of Plaintiff’s continuous and exclusive use, and Plaintiff’s substantial

distinctive identifier of Plaintiff.

Plaintiff’s Distinctive Trade Dress

website, www.bombas.com, and other marketing materials, as shown below:

socks into interstate commerce.

Plaintiff’s Trade Dress is distinctive of Plaintiff.

Plaintiff’s Trade Dress is inherently distinctive.

Plaintiff’s Trade Dress has acquired distinctiveness, also known as secondary

success associated therewith.

Plaintiff’s Trade Dress is also non-functional.

was designed by Plaintiff.

selling goods and services without using Plaintiff’s Trade Dress.

Plaintiff’s Trade Dress has become associated with Plaintiff.

research and development in the United States for its products.

Because of Plaintiff’s extensive, exclusive use and promotion of Plaintiff’s Mark

extensively since at least July 24, 2013.

thereof, in connection with socks and t-shirts.

Social Justice, One Sock At a Time,” incorporated herein by reference.)

Commentaries, blogs, and news articles, have created tremendous consumer

By virtue of Plaintiff’s use, advertising, promotion, and sale of goods bearing

Mark and Trade Dress have become associated with Plaintiff.

Plaintiff’s Design Patent

Patent are collectively referred to as “Plaintiff’s Intellectual Property”)):

As demonstrated above, Defendant manufactures, uses, sells, offers to sell, and/or

Defendant’s Infringing Activities

thereto, on Defendant’s Infringing Socks.

In March 2016, Plaintiff discovered Defendant’s Kickstarter campaign promoting

hereto as Exhibit J, which is incorporated herein by reference.

On April 18, 2016, Plaintiff’s attorneys received a response from counsel to

and selling the Infringing Socks.

the website without Plaintiff’s authorization.

on notice of its infringing activities.

Exhibits K2 and L, which are incorporated herein by reference):

offered for sale by Defendant.

that is likely to confuse consumers.