Case 2:13-cv-00792-SPC-DNF Document 1 Filed 11/08/13 Page 1 of 27 PageID 1

IN THE UNITED STATES DISTRICT COURT

FOR THE MIDDLE DISTRICT OF FLORIDA
FT. MYERS DIVISION
CHICO'S FAS, INC.,
A Florida corporation,
Plaintiff,
vs.
WINK INTIMATES, a
Canadian corporation, ANDREA
CLAIR, a Canadian individual, and
ANASTASIOS KOSKINAS, a
Canadian individual,
Defendants.
Case No.:---------
JURY TRIAL REQUESTED
INJUNCTIVE RELIEF REQUESTED
~ /
COMPLAINT
Plaintiff Chico's FAS, Inc., through its undersigned counsel, for its Complaint
against Defendants Wink Intimates, Andrea Clair and Anastasios Koskinas, states:
THE PARTIES
1. Plaintiff Chico's F AS, Inc. ("Chico's") is a Florida corporation with a
principal place of business at 11215 Metro Parkway, Ft. Myers, Florida 33966.
2. Upon information and belief, Defendant Wink Intimates ("Wink") is a
Canadian corporation having its principal place of business at 518 Victoria Park Ave.,
Toronto, Ontario M4E 3T4, Canada.
3. Upon information and belief, Defendant Andrea Clair is a Canadian
individual having a residence at 518 Victoria Park Ave., Toronto, Ontario M4E 3T4,
Canada.
Case 2:13-cv-00792-SPC-DNF Document 1 Filed 11/08/13 Page 2 of 27 PageID 2
4. Upon information and belief, Defendant Anastasios Koskinas is a
Canadian individual having a residence at 518 Victoria Park Ave., Toronto, Ontario M4E
3T4, Canada.
JURISDICTION AND VENUE
5. This is a claim for declaratory judgment under 28 U.S.C. 2201 and
2202 seeking a final judgment that Plaintiff has not infringed Defendants' United States
patents, and that Defendants' United States patents are invalid pursuant to the patent laws
of the United States, Title 35 of the United States Code (35 U.S.C. 101 et seq.). The
Court likewise has subject matter jurisdiction over the action pursuant to 28 U.S.C.
1331 and 1338(a), as it involves substantial claims arising under the patent laws of the
United States together with related claims for patent infringement.
6. On September 4, 2013, counsel for Defendant Wink wrote a letter to
Chico's alleging that Wink is the owner of U.S. Patent Nos. 8,506,347, 8,182,310 and
D622,478 (collectively referred to herein as the "Patents-in-Suit"), and charging Chico's
with infringement thereof. A copy of this cease and desist letter is attached hereto as
Exhibit A.
7. As set forth in greater detail below, Defendants have asserted that certain
products of Chico's, namely its line of OH MY GORGEOUS cami bras, sold under the
SOMA INTIMATES brand, infringe the Patents-in-Suit in the United States, including
sales of such products within this Division of the Middle District of Florida.
8. The official assignments database maintained at the United States Patent
and Trademark Office does not reflect that U.S. Patent No. 8,506,347 has been assigned,
and therefore it is owned by Defendants Clair and Koskinas. Upon information and
2
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belief, Defendants Clair and Koskinas have licensed U.S. Patent No. 8,506,347
exclusively to Defendant Win1<.
9. Defendants have subjected themselves to in personam jurisdiction, since
they have sent letters threatening legal action for patent infringement to Chico's in this
judicial district. Similarly, upon information and belief, Defendants Clair and Koskinas
have exclusively licensed rights in their intellectual property to Wink for exploitation in
Florida and in this judicial district.
10. Upon information and belief, Defendant Wink operates the website
located at domain name htto://winkintimates.com, a fully-interactive website where
consumers in the United States, including in Florida and in this judicial district, can
purchase the "9to5 Bra," which Defendants' website claims is sold under the Patents-in-
Suit. Additionally, to the extent Wink has sold its "9to5 Bra" under the Patents-in-Suit in
Florida and in this judicial district (whether through assignment or under license from
Defendants Clair and Koskinas ), each Defendant has knowingly and intentionally
exploited the Florida market under the Patents-in-Suit.
11. Additionally, Defendants have sufficient minimum contacts with the
United States to each subject themselves to jurisdiction in the United States. As set forth
in 35 U.S.C. 293, foreign patent owners subject themselves to the jurisdiction of the
United States for purposes of any action respecting a U.S. patent or the rights thereunder.
12. Upon information and belief, Defendant Wink heavily promotes the "9to5
Bra," sold under the Patents-in-Suit, that have been assigned and/or licensed by
Defendants Clair and Koskinas, throughout the United States. For example, as described
at http://winkintimates.com/media-releases, the "9to5 Bra" has been "featured in" various
3
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U.S. publications and news outlets, such as MSNBC, THE WALL STREET
JOURNAL, YAHOO!, the HOUSTON CHRONICLE and others. Similarly,
Defendant Wink's website includes a scanned article from 0 THE OPRAH MAGAZINE
(a publication based in Chicago Illinois) that reviews and promotes the "9to5 Bra."
13. By virtue of ownership of U.S. patents, as well as the significant
promotion of the "9to5 Bra," which is allegedly sold under the Patents-in-Suit, each
Defendant has knowingly and intentionally exploited the United States market under the
Patents-in-Suit, and has threatened legal action against Chico's in Florida and in this
judicial district.
14. Venue properly lies within this judicial district and division, pursuant to
28 U.S.C. 1391(b) and (c).
FACTUAL BACKGROUND
15. Chico's is a specialty retailer of women's apparel, accessories and related
products, including but not limited to women's intimate apparel sold under the brand
SOMA INTIMATES.
16. Among the products sold under the SOMA INTIMATES brand is the OH
MY GORGEOUS collection of camisole bras (hereinafter the "Accused Products").
17. Upon information and belief, Wink is the owner of U.S. Design Patent No.
0622,4 78, which issued on April 31, 2010 and is entitled "Combination Brassiere and
Tank Top" (hereinafter the "'478 Design Patent"), a true and correct copy of which is
attached hereto as Exhibit B.
18. Upon information and belief, Wink is the owner of U.S. Patent No.
8,182,310, which was issued on May 22, 2012 and is entitled "Combination Brassiere
4
Case 2:13-cv-00792-SPC-DNF Document 1 Filed 11/08/13 Page 5 of 27 PageID 5
and Tank Top" (hereinafter the "' 310 Patent"), a true and correct copy of which is
attached hereto as Exhibit C.
19. Upon information and belief, Andrea Clair and Anastasios Koskinas are
the owners of U.S. Patent No. 8,506,347, which was issued on August 13, 2013 and is
entitled "Combination Brassiere and Tank Top" (hereinafter the '"347 Patent"), a true
and correct copy of which is attached hereto as Exhibit D.
20. Upon information and belief, Defendants are the owners and/or exclusive
licensees of, with the ability to enforce, the '478 Design Patent, the '310 Patent, and the
'347 Patent.
21. In a letter sent to Chico's in this judicial district, Defendants accused
Chico's of infringing the Patents-in-Suit. Defendants' letter further asserted that
Defendants were "prepared to protect [their] intellectual property through all means
necessary." Finally, Defendants' letter stated that "no further notice will be delivered
prior to filing suit." (See Exhibit A.)
22. Defendants' letter alleging infringement presents a substantial controversy
between the parties, who have adverse legal interests, of sufficient immediacy and reality
to warrant issuance of a declaratory judgment as to Chico's non-infringement and the
invalidity of the Patents-in-Suit.
23. Chico's has not infringed, directly or indirectly, any valid claim of the
Patents-in-Suit, and cannot therefore be liable for infringement.
5
Case 2:13-cv-00792-SPC-DNF Document 1 Filed 11/08/13 Page 6 of 27 PageID 6
COUNT ONE
Declaratory Judgment ofNon-Infringement of the Patents-in-Suit
24. Count One is an action under 28 U.S.C. 2201 seeking a Declaratory
Judgment that Chico's does not infringe the Patents-in-Suit.
25. Chico's herein restates and incorporates by reference into this Count the
allegations o ~ ~ 1-23, above, inclusive.
26. No product made, used, sold or offered for sale by Chico's infringes any
valid claim of the Patents-in-Suit.
27. The conduct of Defendants has presented a substantial controversy
between the parties, who have adverse legal interests, of sufficient immediacy and reality
to warrant issuance of a declaratory judgment as to Chico's non-infringement of the
Patents-in-Suit.
28. Wherefore, Chico's is entitled to a Declaratory Judgment that it does not
directly or indirectly infringe any valid claim of the Patents-in-Suit, whether under a
theory of literal infringement or infringement under the doctrine of equivalents.
29. This case is exceptional under 35 U.S.C. 285.
WHEREFORE, Chico's asks this Court to enter judgment against Defendants:
a) Finding the Patents-in-Suit not infringed by any products of
Chico's;
b) Prohibiting Defendants from making further claims of litigation
against Chico's for patent infringement;
c) Finding this case is exceptional under 35 U.S.C. 285, awarding
Chico's its attorneys' fees and costs; and
6
Case 2:13-cv-00792-SPC-DNF Document 1 Filed 11/08/13 Page 7 of 27 PageID 7
d) Such and other relief as the Court deems appropriate.
COUNT TWO
Declaratory Judgment oflnvaliditv of the Patents-in-Suit
30. Count Two is an action under 28 U.S.C. 2201 seeking a Declaratory
Judgment that the Patents-in-Suit are invalid.
31. Chico's herein restates and incorporates by reference into this Count the
allegations o ~ ~ 1-23, above, inclusive.
32. Upon information and belief, one or more claims of the Patents-in-Suit is
invalid for violation of one or more provisions of35 U.S.C. 102, 103, and/or 112.
33. The conduct of Defendants presents a substantial controversy between the
parties, who have adverse legal interests, of sufficient immediacy and reality to warrant
issuance of a declaratory judgment as to the invalidity of the Patents-in-Suit.
34. Wherefore, Chico's is entitled to a Declaratory Judgment that the Patents-
in-Suit are invalid under 35 U.S.C. 102, 103 and/or 112.
35. This case is exceptional under 35 U.S.C. 285.
WHEREFORE, Chico's asks this Court to enter judgment against Defendants:
e) Finding the Patents-in-Suit invalid;
f) Prohibiting Defendants from making further claims of litigation
against Chico's for patent infringement;
g) Finding this case is exceptional under 35 U.S.C. 285, awarding
Chico's its attorneys' fees and costs; and
h) Such and other relief as the Court deems appropriate.
7
Case 2:13-cv-00792-SPC-DNF Document 1 Filed 11/08/13 Page 8 of 27 PageID 8
JURY DEMAND
Chico's demands a jury trial on all issues so triable.
Attorneys for Plaintiff,
CHICO'S F AS, INC.
8

EXHIBIT A
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Case 2:13-cv-00792-SPC-DNF Document 1 Filed 11/08/13 Page 10 of 27 PageID 10
foremangray.com
p 973-240-7313
r= 973-240-7316
September 4, 2013
VIA FIRST CLASS MAIL & CERTIFIED MAIL RIRIR
William H. Oldach, Esq.
Vorys, Sater, Seymour and Pease, LLP
1900 K Street NW, Suite 900
Washington DC 20006-1152
760 Route 10 West
Suite 204
Whippany, NJ 07981
Re: Wink Intimates vs. Chico's FAS, Inc./Soma
U.S. Patent No. 8,506,347
U.S. Patent No. 8,182,310
U.S. Patent No. D622,478
Dear Mr. Oldach:
This firm represents Wink Intimates in connection with its intellectual property rights.
My understanding is that you represent Chico's F AS, Inc./Soma in regard to patent matters. If
this is not correct, please let me know as soon as possible.
As you know, to protect the interest of both itself and its customers, Wink Intimates
secures patent protection for its inventive products.
To that end, I write to inform you that Wink Intimates has obtained two utility patents
and a design patent that are relevant to some of your products. In particular, Wink Intimates is
the owner of U.S. Patent No. 8,506,347, U.S. Patent No. 8,182,310 and U.S. Patent No.
D622,478, copies of which are enclosed.
I have reviewed the sale in the United States of the Soma Oh My Gorgeous Cami Bra.
After careful review, it is clear that this bra infringes on one or more claims of the '347 Patent,
'31 0 Patent and the '478 Patent.
Wink Intimates is prepared to protect its intellectual property through all means
necessary. If you are interested in discussing a license in order to continue selling your products
which infringe on these patents, please contact me within 30 days. If I do not hear from you, no
further notice will be delivered prior to filing suit.
Be advised accordingly.
Case 2:13-cv-00792-SPC-DNF Document 1 Filed 11/08/13 Page 11 of 27 PageID 11
DEG/kc
Enclosures
cc: Wink Intimates
Christopher Casieri, Esq.
v
D

EXHIBIT B
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Case 2:13-cv-00792-SPC-DNF Document 1 Filed 11/08/13 Page 13 of 27 PageID 13
111111 1111111111111111111111111111111111111111111111111111111111111
c12) United States Design Patent
Clair et al.
(54) COMBINATION BRASSIERE AND TANK TOP
(76) Inventors: Andrea T. Clair, Toronto (CA);
Anastasios Koskinas, Toronto (CA)
(**) Term: 14 Years
(21) Appl. No.: 29/300,471
(22) Filed: Mar. 31,2008
(51) LOC (9) Cl. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 02-01
(52) U.S. Cl. ....................................................... D2/706
(58) Field of Classification Search . ... ... ... D2/706-711,
(56)
D2/731, 736; 2/67,73, 113, 118, 913; 450/50,
450/65, 70, 31, 93
See application file for complete search history.
References Cited
U.S. PATENT DOCUMENTS
D318,749 s *
5,045,018 A *
5,882,242 A *
6,113,460 A *
D452,601 S *
8/1991 Suleiman ..................... D2/708
9/1991 Costanzo . ... .. ... ... ... ... .. . 450/31
3/1999 Hardy .. ... .. ... ... ... ... ... .. . 450/93
9/2000 McKeown . ... ... ... ... ... .. . 450/31
112002 Allen et al ................... D2/706
USOOD622478S
(10) Patent No.: US D622,4 78 S
** Aug. 31, 2010 (45) Date of Patent:
6,918,813 B2 * 7/2005 Hass ........................... 450/75
D522,717 S * 6/2006 Aurilia eta!. ................ D2/706
7,083,494 B2 * 8/2006 Sandroussi et al ............. 450/31
D546,028 S * 7/2007 Lin ............................. D2/706
D560,877 S * 2/2008 Utaka .......................... D2/706
* cited by examiner
Primary Examiner-Philip S Hyder
Assistant Examiner-Anna J Burmeister
(74)Attorney, Agent, or Firm-William D. Hare; McNeely &
Hare LLP
(57) CLAIM
The ornamental design for a combination brassiere and tank
top, as shown and described:
DESCRIPTION
FIG. 1 is a rear elevational view of a combination brassiere
and tank top, showing our new design; and,
FIG. 2 is a front elevational view thereof.
The broken lines shown in the drawings are for environmental
purposes only and form no part of the claimed design.
1 Claim, 2 Drawing Sheets
Case 2:13-cv-00792-SPC-DNF Document 1 Filed 11/08/13 Page 14 of 27 PageID 14
U.S. Patent Aug. 31, 2010
I
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Case 2:13-cv-00792-SPC-DNF Document 1 Filed 11/08/13 Page 15 of 27 PageID 15
U.S. Patent Aug. 31, 2010 Sheet 2 of2 US D622,4 78 S
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EXHIBIT C
Case 2:13-cv-00792-SPC-DNF Document 1 Filed 11/08/13 Page 16 of 27 PageID 16
Case 2:13-cv-00792-SPC-DNF Document 1 Filed 11/08/13 Page 17 of 27 PageID 17
c12) United States Patent
Clair et al.
(54) COMBINATION BRASSIERE AND TANK TOP
(75) Inventors: Andrea T. Clair, Toronto (CA);
Anastasios Koskinas, Toronto (CA)
(73) Assignee: Wink Intimates, Toronto (CA)
( *) Notice: Subject to any disclaimer, the term of this
patent is extended or adjusted under 35
U.S.C. 154(b) by 424 days.
(21) Appl. No.: 12/498,136
(22) Filed: Jul. 6, 2009
(65) Prior Publication Data
US 2009/0270013 Al Oct. 29, 2009
Related U.S. Application Data
(63) Continuation of application No. 29/300,471, filed on
Mar. 31, 2008, now Pat. No. Des. 622,478.
(51) Int. Cl.
A41C 3100 (2006.01)
(52) U.S. Cl. ............................................ 450/30; 450/33
(58) Field of Classification Search . ... ... ... ... .. . 450/7-11,
450/23-28, 15-18, 30-35, 92, 93, 1; 21105,
2/106, 109-110, 113-115, 73, 78.1-78.4,
2/46, 69
See application file for complete search history.
111111 1111111111111111111111111111111111111111111111111111111111111
US00818231 OB2
(10) Patent No.: US 8,182,310 B2
May 22,2012 (45) Date of Patent:
(56) References Cited
U.S. PATENT DOCUMENTS
2,863,460 A *
2,869,552 A *
3,225,768 A *
4,781,650 A *
5,269,720 A *
5,873,767 A *
6,935,921 B1 *
7,083,494 B2 *
7,306,505 B2 *
7,409,728 B2 *
7,549,908 B2 *
12/1958 Monroe .......................... 450/11
111959 Smith ............................. 450/32
12/1965 Galitzki eta!. ................. 450/39
1111988 Budd .............................. 450/55
12/1993 Moretz et al .................... 450/37
2/1999 Pickett .............................. 450/1
8/2005 Eudenbach eta!. ............ 450/54
8/2006 Sandroussi et al .............. 450/31
12/2007 Barbour et al .................. 450/30
8/2008 Harry ................................ 2/106
6/2009 Yudkoff .......................... 450/62
* cited by examiner
Primary Examiner- Gloria Hale
(7 4) Attorney, Agent, or Firm -McNeely, Hare & War LLP;
William P. Hare
(57) ABSTRACT
The inventions relate to a garment that combines a foam cup,
underwire bra combined with a tank top overlay made of a
spandex blend or lace fabric for the tank top. The bra function
is provided by underwires and specially formed foam cups for
support and shaping of the breasts. The tank top portion of the
garment is attached to one of the shoulder straps which are
diagonally fixed to the tank top portion of the garment. The
tank top portion of the invention is attached from each side as
well as the bottom of the garment, in a unique "tum-under"
sewing technique. A lace or combination spandex mix fabric
attaches from the outside of the cups to the lace band at the
back of the garment. This garment is used under low cut
dresses and blouses, to cover cleavage and decolletage, which
is an employment standard for many companies.
20 Claims, 2 Drawing Sheets
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U.S. Patent May 22,2012 Sheet 1 of2 US 8,182,310 B2
Case 2:13-cv-00792-SPC-DNF Document 1 Filed 11/08/13 Page 19 of 27 PageID 19
U.S. Patent May 22,2012 Sheet 2 of2 US 8,182,310 B2
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US 8,182,310 B2
1
COMBINATION BRASSIERE AND TANK TOP
CROSS-REFERENCE TO RELATED
APPLICATIONS
This application is a continuation of, and claims priority
from, U.S. patent application Ser. No. 29/300,471, the con-
tents of which are incorporated herein in their entirety by
reference.
TECHNICAL FIELD OF THE INVENTION
This invention relates to a foam cup, underwire bra with
one to three shoulder straps, the foam cups and underwires
provide support and lift for small to very large breast, provid-
ing full coverage of the nipple. The overlay, tank top portion
of the garment, covers the cups to provide the appearance of
a bra with a tank top overtop.
BACKGROUND OF THE INVENTION
The bra, the foam cup bra, the underwire bra and the tank
top each individually are well known articles in the garment
industry. Each article on its own provides a specific duty. A
soft bra made only with fabric, is designed to gently support
the breasts. An underwire fabric bra, provides more support
than a regular fabric bra. A foam cup underwire bra, provides
a solution for better support, and shaping of the breast. Each
type ofbra, provides a totally different result and is purchased
by women with different needs.
The tank top does not provide any support, lift or coverage
2
DESCRIPTION OF THE DRAWINGS
FIG. 1 is a view of the interior of the tank bra.
FIG. 2 is a view of the front of the tank bra.
DETAILED DESCRIPTION
The foam cup, underwire bra with tank top addresses a
technical problem felt by women. The inventor has recog-
10 nized that there is a need for such a garment that provides the
lift, support, shaping and coverage, which is provided by a
foam cup, underwire bra, along with the coverage of the
cleavage and lower decolletage as provided by a tank top.
The foam cup, underwire bra of the invention is worn to
15 provide lift and support and a specific shaping of the breast as
well as coverage of the nipple. Most recently tank tops rather
than camisoles have been used to "layer" to provide the cov-
erage required of the cleavage and chest, but they ride up on
the body, creating lumps and bumps of the fabric, and create
20 additional heat because of the additional layer of clothing.
However, both make the wearer uncomfortable and hot.
The foam, cup, under wire bra with attached tank top
addresses the requirement women have for wearing addi-
tional layers of clothing, a bra plus a tank top, under low cut
25 garments, especially in the hot spring, summer and fall
months, when an extra layer of clothing only adds to heat and
discomfort. Additionally menopausal women and women
who heat up easily will appreciate the elimination of an addi-
tiona! layer of clothing under dresses and blouses. The
30 designers of clothing are continuing to design dresses,
blouses and tops with plunging necklines. Deep V-necks have
become the norm in fashion, low cut garments for women are
completely inappropriate attire for career women and women
of the breasts, and does not provide shaping of the breast. The
tank top is designed to often be worn over a bra, as a garment
35
to be worn on its own, or under another article of clothing. The
combination of the tank top over foam cups, supported by
underwires is unique to this invention. It is very different from
in situations that require coverage of the cleavage.
Presently, many items in a women's wardrobe are virtually
useless, except for an evening out on the town. This invention
is designed to address this problem, allowing women to maxi-
mize their wardrobes and wear these articles without an addi-
tion tank top over the bra. The additional layer of clothing, as
a soft cup bra with a lace overlay. The foam cup, underwire
bra of this invention is designed to support, shape and lift the
breast, while providing full coverage of the nipple.
SUMMARY
The invention is directed to a foam cup, underwire bra with
a tank top attached, which allows women to wear one under-
garment rather than two garments under low cut dresses and
blouses.
The invention includes foam cups which are designed to
support and uplift the breast, giving shape to the breast, while
providing full coverage of the nipple area. The foam cups are
specifically shaped and angled to support the breast in an
angle to uplift the breasts in a natural form. The shoulder
straps arc sewn directly into the foam cups, which seamlessly
anchors the Shoulder straps to the cups. The cups are then
covered by the Lycra blend fabric that has been bubble
molded to shape over the foam cups.
40 in "tank tops" adds an additional layer, making women feel
heavier and hot. The addition of a tank top under a dress, rides
up, creating bumps and bulges, which only exasperates the
problem.
As shown in FIG. 1 (Interior View) the garment of the
45 present invention includes a foam cup underwire bra with a
tank top overlay over the front of the bra. The front panel,
location 7 provides full coverage on the front portion from
one side across to the other side of the bra portion. The tank
top portion, location 7a extends from side to side as well as
50 from below the underwires, location 2 with a unique "tum
over" design, up to the portion where the shoulder straps start,
location 4, providing coverage of part of the decolletage and
all of the cleavage.
The said garment may be made with one, two or three
55 shoulder straps as shown in figure one, location 4. These
straps are separate and positioned on an angle for full support
using narrow straps. These straps are attached to the back
portion of the shoulder strap, location 3 and are made offabric
The invention includes underwires which are attached to
60
the base of the foam cups to further support the breast and
foam cups.
with or without stretch or a combination of both. The back
portion of the shoulder strap, location 3, is attached at the
back to an adjustable elastic strap, location 3a (FIG. 2), that is
attached by a slider, location 9; this adjustable elastic strap is
adjustable using sliders, location 8 (FIG. 2). Covering the foam cups, the underwires, the cleavage and
decolletage is a Lycra blend fabric, which looks like a tank
top. This fabric is attached from the outside of each foam cup,
attached at the bottom under the underwires in a unique "turn
under" sewing technique.
The center shoulder strap, for the garment with three shoul-
65 der straps, location 4a in FIG. 1, or the shoulder strap, for the
garment with one shoulder strap, at the front of the garment,
becomes the binding material that holds together the frame of
Case 2:13-cv-00792-SPC-DNF Document 1 Filed 11/08/13 Page 21 of 27 PageID 21
US 8,182,310 B2
3
the garment. The other remaining shoulder straps, location 4,
are attached internally to the foam cups, location 1 (FIG. 2).
The foam cups, location 1 may or may not provide an insert
for a foam or gel insert to provide extra fullness to make the
breasts appear larger. Underwires made of flexible material,
location 2, are held in place by binding material, location 4a.
The tank top portion of this garment is attached from the
middle strap, location 4a, held together by binding material.
The fabric is bubble molded over the cups, location 1 of FIG.
2 and sewn beneath the underwires, location 2. The tank top
10
portion of the garment is made of a LYCRA (spandex)
blend fabric, location 7a, FIG. 2. The tank top portion of the
garment is attached on both sides to lace or LYCRA (span-
dex) blend band, location 5, FIG. 2, which is a 3-4 inch lace
band, location 5, FIG. 2. The LYCRA (spandex) or lace
band, location 5, FIG. 2, is attached to a fastener or closure
15
comprising of hook and eye to securely fasten the garment,
location 6, FIG. 2.
EXAMPLE OF INTENDED USE
The intended use of this invention is to be worn under a
wrap style dress, which has a very low cut plunging neckline.
Typically the user of this style of clothing would be required
20
to wear a full support bra, with a tank top over the bra to cover
the excessive low cut of the bra which exposes all of the 25
wearer's cleavage and decolletage. This type of dress
although a great career dress with the appropriate undergar-
ment, is not useable for work or situations that require cov-
erage of cleavage,
4
4. The bra of claim 2, wherein the underwire is made up of
a flexible material.
5. The braofclaim2, whereintheunderwireisheldinplace
by a binding material.
6. The bra of claim 1, wherein the foam cups are convex
shaped and configured to support, uplift and give shape to the
breast.
7. The bra of claim 6, wherein the foam cups are specifi-
cally shaped and angled to support the breast to uplift the
breast in a natural form.
8. The bra of claim 1, wherein the foam cups provides full
coverage of the nipple area of the breast of the wearer.
9. The bra of claim 1, wherein the tank top portion com-
prises a (spandex) blend fabric.
10. The bra of claim 9, wherein the (spandex) blend fabric
has been molded to shape over the foam cups.
11. The bra of claim 10, wherein opposite sides of the
(spandex) blend fabric are attached to the band portions.
12. The bra of claim 11, wherein the bands are (spandex)
blend bands.
13. The bra of claim 1, wherein the attachment means
comprise of a hook and an eye.
14. The bra of claim 1, wherein the shoulder straps are sewn
directly into the foam cups to seamlessly anchor the shoulder
straps to the foam cup.
15. The bra of claim 14, wherein the front portion of the
shoulder straps includes one of one, two or three shoulder
straps.
16. The bra of claim 15, wherein the back portion of the
shoulder strap has an adjustable length.
The foam cup underwire bra, with built in tank top, pro-
vides a solution as it provides a seamless, well formed under-
garment, that does not create additional heat, bumps or bulges
nor is there any material to "ride up" causing the unsightly
bulges which result from wearing a full tank top under a dress.
30
17. The bra of claim 9, wherein the tank top fabric is
attached to an outside surface of each foam cup and attached
to a bottom surface of the foam cups in a turn-under sewing
technique.
We claim:
1. A bra comprising:
18. A method of wearing a low cut neckline dress without
the need for an additional covering undergarment, the method
35 comprising providing a bra comprising:
a foam cup portion having a pair of foam cups and a pair of
surfaces, an inside surface configured to fit over the
breasts and an outside surface on the opposite side of the
foam cup portion, the pair of foam cups being positioned
40
at an upper direction to define a decolletage region
between the two cups and at a lower direction to define
a lower exposed region between lower portions of the
two cups;
a tank top portion positioned against the outside surface of
the foam cup portion and extending above and below the
45
foam cup portions to cover a part of the decolletage
region, all of the cleavage and a partofthelowerexposed
region;
a pair of band portions extending away from the foam cup
portion, each band portion terminating in an end having 50
attachment means to attach to the attachment means of
the other band portion; and
a pair of shoulder straps having a front portion and a back
portion, the front portion having a first end and a second
end, the first end being attached to one of the foam cups
55
and the second end being attached to the back portion of
the shoulder strap, the back portion of the shoulder strap
having a first end and a second end, the first end being
attached to the second end of the front portion of the
shoulder strap and the second end of the back portion
60
being attached to the band portion.
2. The bra of claim 1, wherein the foam cups define a base
region having a contour and wherein the base region is under-
wired to follow the contour.
3. The bra of claim 1, wherein the foam cups have an insert
for foam or gel.
a foam cup portion having a pair offoam cups and a pair of
surfaces, an inside surface, configured to fit over the
breasts and an outside surface, on the opposite side of the
foam cup portion, the pair of foam cups being positioned
at an upper direction to define a decolletage region
between the two cups and at a lower direction to define
a lower exposed region between lower portions of the
two cups;
a tank top portion positioned against the outside surface of
the foam cup portion and extending above and below the
foam cup portions to cover a part of the decolletage
region, all of the cleavage and a part of the lower exposed
region;
a pair of band portions extending away from the foam cup
portion, each band portion terminating in an end having
attachment means to attach to the attachment means of
the other band portion; and
a pair of shoulder straps having a front portion and a back
portion, the front portion having a first end and a second
end, the first end being attached to one of the foam cups
and the second end being attached to the back portion of
the shoulder straps, the back portion of the shoulder
strap having a first end and a second end, the first end of
the back portion being attached to the second end of the
front portion of the shoulder strap and the second end of
the back portion being attached to the band portion.
19. The method of claim 18, wherein the tank top portion is
in lieu of wearing a tank top.
20. The method of claim 18, wherein the bra portion is in
lieu of wearing a separate brassiere.
* * * * *

EXHIBIT D
Case 2:13-cv-00792-SPC-DNF Document 1 Filed 11/08/13 Page 22 of 27 PageID 22
Case 2:13-cv-00792-SPC-DNF Document 1 Filed 11/08/13 Page 23 of 27 PageID 23
c12) United States Patent
Clair et al.
(54) COMBINATION BRASSIERE AND TANK TOP
(76) Inventors: Andrea T. Clair, Toronto (CA);
Anastasios Koskinas, Toronto (CA)
( *) Notice: Subject to any disclaimer, the term of this
patent is extended or adjusted under 35
U.S.C. 154(b) by 0 days.
This patent is subject to a terminal dis-
claimer.
(21) Appl. No.: 13/417,844
(22) Filed: Mar. 12, 2012
(65) Prior Publication Data
US 2012/0171928Al Jul. 5, 2012
Related U.S. Application Data
(63) Continuation of application No. 29/300,471, filed on
Mar. 31, 2008, now Pat. No. Des. 622,478, and a
continuation of application No. 12/498,136, filed on
Jul. 6, 2009, now Pat. No. 8,182,310.
(51) Int. Cl.
A41C 3108
A41C 3/00
(52) U.S. Cl.
(2006.01)
(2006.01)
USPC ............................................... 450/31; 450/30
(58) Field of Classification Search
USPC ................... 450/7-11, 23-28, 15-18, 30-35,
450/92,93, 1; 2/106, 109, 110, 113-115,
2/73, 78.1-78.4, 46, 69
See application file for complete search history.
111111 1111111111111111111111111111111111111111111111111111111111111
US00850634 7B2
(10) Patent No.: US 8,506,34 7 B2
*Aug. 13, 2013 (45) Date of Patent:
(56) References Cited
U.S. PATENT DOCUMENTS
2,863,460 A *
2,869,552 A *
3,225,768 A *
4,781,650 A *
5,269,720 A *
5,873,767 A *
6,443,805 B1 *
6,530,820 B1 *
6,935,921 B1 *
7,083,494 B2 *
7,306,505 B2 *
7,409,728 B2 *
7,488,234 B2 *
7,549,908 B2 *
8,182,310 B2 *
12/1958 Monroe .......................... 450/11
111959 Smith ............................. 450/32
12/1965 Galitzki eta!. ................. 450/39
1111988 Budd .............................. 450/55
12/1993 Moretz et al .................... 450/37
2/1999 Pickett .............................. 450/1
9/2002 Kirkwood ....................... 450/31
3/2003 Katze eta!. ....................... 450/7
8/2005 Eudenbach eta!. ............ 450/54
8/2006 Sandroussi et al .............. 450/31
12/2007 Barbour et al .................. 450/30
8/2008 Harry ................................ 2/106
212009 Rothman et al ................. 450/36
6/2009 Yudkoff .......................... 450/62
5/2012 Clair eta!. ...................... 450/30
* cited by examiner
Primary Examiner- Gloria Hale
(74) Attorney, Agent, or Firm- William D. Hare; McNeely,
Hare & War, LLP
(57) ABSTRACT
The inventions relate to a garment that combines a foam cup,
underwire bra combined with a tank top overlay made of a
spandex blend or lace fabric for the tank top. The bra function
is provided by underwires and specially formed foam cups for
support and shaping of the breasts. The tank top portion of the
garment is attached to one of the shoulder straps which are
diagonally fixed to the tank top portion of the garment. The
tank top portion of the invention is attached from each side as
well as the bottom of the garment, in a unique "tum-under"
sewing technique. A lace or combination spandex mix fabric
attaches from the outside of the cups to the lace band at the
back of the garment. This garment is used under low cut
dresses and blouses, to cover cleavage and decolletage, which
is an employment standard for many companies.
16 Claims, 2 Drawing Sheets
Case 2:13-cv-00792-SPC-DNF Document 1 Filed 11/08/13 Page 24 of 27 PageID 24
U.S. Patent Aug. 13, 2013 Sheet 1 of 2 US 8,506,34 7 B2
FIG.1
Case 2:13-cv-00792-SPC-DNF Document 1 Filed 11/08/13 Page 25 of 27 PageID 25
U.S. Patent Aug.13, 2013 Sheet 2 of2 US 8,506,34 7 B2
FIG.2
Case 2:13-cv-00792-SPC-DNF Document 1 Filed 11/08/13 Page 26 of 27 PageID 26
US 8,506,347 B2
1
COMBINATION BRASSIERE AND TANK TOP
CROSS-REFERENCE TO RELATED
APPLICATIONS
This application is a continuation of, and claims priority
from, U.S. patent application Ser. No. 29/300,471, and U.S.
Ser. No. 12/498,136, filed on Jul. 6, 2009, the contents ofboth
2
DESCRIPTION OF THE DRAWINGS
FIG. 1 is a view of the interior of the tank bra.
FIG. 2 is a view of the front of the tank bra.
DETAILED DESCRIPTION
of which are incorporated herein in their entirety by refer-
10
The foam cup, underwire bra with tank top addresses a
technical problem felt by women. The inventor has recog-
nized that there is a need for such a garment that provides the
lift, support, shaping and coverage, which is provided by a
ence.
TECHNICAL FIELD OF THE INVENTION
This invention relates to a foam cup, underwire bra with
one to three shoulder straps, the foam cups and underwires
provide support and lift for small to very large breast, provid-
ing full coverage of the nipple. The overlay, tank top portion
of the garment, covers the cups to provide the appearance of
a bra with a tank top overtop.
BACKGROUND OF THE INVENTION
The bra, the foam cup bra, the underwire bra and the tank
top each individually are well known articles in the garment
industry. Each article on its own provides a specific duty. A
soft bra made only with fabric, is designed to gently support
the breasts. An underwire fabric bra, provides more support
than a regular fabric bra. A foam cup underwire bra, provides
a solution for better support, and shaping of the breast. Each
type ofbra, provides a totally different result and is purchased
by women with different needs.
The tank top does not provide any support, lift or coverage
foam cup, underwire bra, along with the coverage of the
cleavage and lower decolletage as provided by a tank top.
The foam cup, underwire bra of the invention is worn to
15 provide lift and support and a specific shaping of the breast as
well as coverage of the nipple. Most recently tank tops rather
than camisoles have been used to "layer" to provide the cov-
erage required of the cleavage and chest, but they ride up on
the body, creating lumps and bumps of the fabric, and create
20 additional heat because of the additional layer of clothing.
However, both make the wearer uncomfortable and hot.
The foam, cup, under wire bra with attached tank top
addresses the requirement women have for wearing addi-
tional layers of clothing, a bra plus a tank top, under low cut
25 garments, especially in the hot spring, summer and fall
months, when an extra layer of clothing only adds to heat and
discomfort. Additionally menopausal women and women
who heat up easily will appreciate the elimination of an addi-
tiona! layer of clothing under dresses and blouses. The
30 designers of clothing are continuing to design dresses,
blouses and tops with plunging necklines. Deep V-necks have
become the norm in fashion, low cut garments for women are
completely inappropriate attire for career women and women
of the breasts, and does not provide shaping of the breast. The
35
tank top is designed to often be worn over a bra, as a garment
in situations that require coverage of the cleavage.
Presently, many items in a women's wardrobe are virtually
useless, except for an evening out on the town. This invention
is designed to address this problem, allowing women to maxi-
mize their wardrobes and wear these articles without an addi-
tion tank top over the bra. The additional layer of clothing, as
to be worn on its own, or under another article of clothing. The
combination of the tank top over foam cups, supported by
underwires is unique to this invention. It is very different from
a soft cup bra with a lace overlay. The foam cup, underwire
bra of this invention is designed to support, shape and lift the
breast, while providing full coverage of the nipple.
SUMMARY
The invention is directed to a foam cup, underwire bra with
a tank top attached, which allows women to wear one under-
garment rather than two garments under low cut dresses and
blouses.
The invention includes foam cups which are designed to
support and uplift the breast, giving shape to the breast, while
providing full coverage of the nipple area. The foam cups are
specifically shaped and angled to support the breast in an
angle to uplift the breasts in a natural form. The shoulder
straps are sewn directly into the foam cups, which seamlessly
anchors the Shoulder straps to the cups. The cups are then
covered by the Lycra blend fabric that has been bubble
molded to shape over the foam cups.
40 in "tank tops" adds an additional layer, making women feel
heavier and hot. The addition of a tank top under a dress, rides
up, creating bumps and bulges, which only exasperates the
problem.
As shown in FIG. 1 (Interior View) the garment of the
45 present invention includes a foam cup underwire bra with a
tank top overlay over the front of the bra. The front panel,
location 7 provides full coverage on the front portion from
one side across to the other side of the bra portion. The tank
top portion, location 7a extends from side to side as well as
50 from below the underwires, location 2 with a unique "tum
over" design, up to the portion where the shoulder straps start,
location 4, providing coverage of part of the decolletage and
all of the cleavage.
The said garment may be made with one, two or three
55 shoulder straps as shown in figure one, location 4. These
straps are separate and positioned on an angle for full support
using narrow straps. These straps are attached to the back
portion of the shoulder strap, location 3 and are made offabric
The invention includes underwires which are attached to
60
the base of the foam cups to further support the breast and
foam cups.
with or without stretch or a combination of both. The back
portion of the shoulder strap, location 3, is attached at the
back to an adjustable elastic strap, location 3a (FIG. 2), that is
attached by a slider, location 9; this adjustable elastic strap is
adjustable using sliders, location 8 (FIG. 2). Covering the foam cups, the underwires, the cleavage and
decolletage is a Lycra blend fabric, which looks like a tank
top. This fabric is attached from the outside of each foam cup,
attached at the bottom under the underwires in a unique "turn
under" sewing technique.
The center shoulder strap, for the garment with three shoul-
65 der straps, location 4a in FIG. 1, or the shoulder strap, for the
garment with one shoulder strap, at the front of the garment,
becomes the binding material that holds together the frame of
Case 2:13-cv-00792-SPC-DNF Document 1 Filed 11/08/13 Page 27 of 27 PageID 27
US 8,506,347 B2
3
the garment. The other remaining shoulder straps, location 4,
are attached internally to the foam cups, location 1 (FIG. 2).
The foam cups, location 1 may or may not provide an insert
for a foam or gel insert to provide extra fullness to make the
breasts appear larger. Underwires made of flexible material,
location 2, are held in place by binding material, location 4a.
The tank top portion of this garment is attached from the
middle strap, location 4a, held together by binding material.
The fabric is bubble molded over the cups, location 1 of FIG.
4
a pair of shoulder straps, each shoulder strap with a front
end and a back end, wherein each front end is attached to
either one of the foam cups or material overlay, or both
and the back end being attached to the band portions at
the back of the wearer,
wherein the material overlay is attached to an outside sur-
face of each foam cup and attached under a bottom
surface of the foam cups.
2. The bra of claim 1, wherein the foam cups define a base
region having a contour and wherein the base region is under-
wired along the contour.
3. The bra of claim 2, wherein the underwire is made up of
a flexible material.
2 and sewn beneath the underwires, location 2. The tank top 10
portion of the garment is made of a LYCRA (spandex)
blend fabric, location 7a, FIG. 2. The tank top portion of the
garment is attached on both sides to lace or LYCRA (span-
dex) blend band, location 5, FIG. 2, which is a 3-4 inch lace
band, location 5, FIG. 2. The LYCRA (spandex) or lace
band, location 5, FIG. 2, is attached to a fastener or closure
comprising of hook and eye to securely fasten the garment,
location 6, FIG. 2.
4. The bra of claim 1, wherein the foam cups are convex
15 shaped and configured to support, uplift and give shape to the
breast of a wearer of the bra.
Example oflntended Use
The intended use of this invention is to be worn under a 20
wrap style dress, which has a very low cut plunging neckline.
Typically the user of this style of clothing would be required
to wear a full support bra, with a tank top over the bra to cover
the excessive low cut of the bra which exposes all of the
wearer's cleavage and decolletage. This type of dress 25
although a great career dress with the appropriate undergar-
ment, is not useable for work or situations that require cov-
erage of cleavage,
The foam cup underwire bra, with built in tank top, pro-
vides a solution as it provides a seamless, well formed under- 30
garment, that does not create additional heat, bumps or bulges
nor is there any material to "ride up" causing the unsightly
bulges which result from wearing a full tank top under a dress.
We claim:
1. A bra comprising:
35
a pair of foam cups each having an inside surface config-
ured to fit over at least a portion of the breasts of a wearer
and an outside surface on the opposite side of the inside
surface of the foam cup, the pair of foam cups being
positioned adjacent to each other to fit over at least a 40
portion of the breasts of a wearer;
a material overlay positioned against the outside surface of
the foam cups and extending across the outside surface
of the foam cups and the area between the two foam
cups;
band portions extending away from the foam cups, or mate-
rial overlay towards the back of the wearer; and
45
5. The bra of claim 1, wherein the foam cups are configured
to provide full coverage of the nipple area of the breast of the
wearer of the bra.
6. The bra of claim 1, wherein the material overlay com-
prises a spandex blend fabric.
7. The bra of claim 6, wherein the material overlay attached
to a bottom surface of the foam cups in a turn-under sewing
technique.
8. The bra of claim 1, wherein opposite sides of the material
overlay are attached to the band portions.
9. The bra of claim 8, wherein the band portions are span-
dex blend bands.
10. The bra of claim 1, wherein each band portion termi-
nates in an end having attachment means.
11. The bra of claim 10, wherein the attachment means
comprise a hook and an eye.
12. The bra of claim 1, wherein the shoulder straps are sewn
directly into the foam cups.
13. The bra of claim 12, wherein the front portion of the
shoulder straps includes one of one, two or three shoulder
straps.
14. The bra of claim 13, wherein the back portion of the
shoulder strap has an adjustable length.
15. The bra of claim 1, wherein the material overlay pro-
vides coverage of all of the cleavage of the wearer.
16. A garment comprising:
a foam cup, underwire bra; and
a material overlay attached to the outside of the foam cup,
underwire bra, wherein the material overlay is attached
from below the underwires or foam cups.
* * * * *
Case 2:13-cv-00792-SPC-DNF Document 1-1 Filed 11/08/13 Page 1 of 1 PageID 28
JS 44 (Rev. 12112)
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I. (a) PLAINTI FFS
Ch ico' s FAS, Inc.
DEFENDANTS
Wink Intimates , Andrea C lair a nd Anastasios Koski na s
(b) County of Residence of First Listed Plaintiff ,L.., ecs e'------- ----
County of Residence of First Listed Defendant Onta rio . Cana da
(f:'XC/'7' IN U.S. PLAIII71FF CASioS)
(C) A norneys (Fmn Name, Address, and Telephone Number)
Ava K. Doppelt , Alle n, Dye r, Doppelt , Milbrath & Gilc hris t , P .A., 255 S.
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CHECK YES only if demanded in complaint
J URY DEMA:-.10: )!3 Yes 0 No
DOCKET NUMBER
JUDGE MAG. JUDGE
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