Arent Fox Helps Rothy’s Resolve Patent and Trade Dress Dispute with OESH Shoes

Rothy’s asserted that OESH infringed on certain design patents and trade. The litigation was concluded through a confidential settlement agreement and a Consent Decree, entered by the US District Court for the Western District of Virginia on September 18, 2019, which enjoins OESH from manufacturing, marketing, and selling the accused shoe after December 31, 2019; acknowledges the validity of Rothy’s trade dress in The Flat and its design patents; and provides for OESH to redesign the accused shoe. The remaining terms of the settlement agreement are confidential.

Founded in 2012 and launched in late 2015 by Roth Martin and Stephen Hawthornthwaite, Rothy’s is one of the world’s fastest-growing brands, in 2018 selling over one million pairs of shoes. Rothy’s shoes are made from repurposed plastic water bottles and other recyclable materials, 3D knitted into seamless silhouettes and meticulously assembled by hand. The result is a comfortable, sustainable and stylish shoe loved by its customers around the world.

“We are pleased that the litigation against OESH has been resolved amicably, and that they have acknowledged the validity of Rothy’s trade dress and design patent rights,” said Marie Satterfield, Rothy’s General Counsel. “Rothy’s will continue to protect the significant time and investment we’ve made in our innovative designs and other IP. We wish Dr. Kerrigan and OESH well as they launch their redesigned shoe and on future endeavors.”

“We are very pleased with this outcome for our client and we will continue to work tirelessly to protect Rothy’s valuable intellectual property,” said Michelle Marsh. The Arent Fox team included Partners Dana J. Finberg and Paul C. Maier.

Innovators in the fashion industry, in 2012 Roth Martin and Stephen Hawthornthwaite set out to build a stylish, comfortable shoe using sustainable materials and proprietary 3D knitting technology. Perfecting its designs through years of research and development, Rothy’s signature flats hit the market and were immediately met with consumer demand. Today, Rothy’s shoes remain lauded for innovative and sustainable design. Investing in and protecting its intellectual property, Rothy’s currently holds 42 patents, with nearly that many patent applications pending.