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(12) United States Design Patent (10) Patent No.: US D738,073S Chenciner (45) Date of Patent: Sep

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(12) United States Design Patent (10) Patent No.: US D738,073S Chenciner (45) Date of Patent: Sep USOOD738073S (12) United States Design Patent (10) Patent No.: US D738,073S Chenciner (45) Date of Patent: Sep. 8, 2015 (54) WATER SHOE D348,977 S 7, 1994 Koh D378,161 S 2, 1997 Waff (71) Applicant: Surf 9, LLC, Fort Myers, FL (US) D384,490D379,112 S 10,5, 1997 BryantMcDonald (72) Inventor: John M. Chenciner, Sanibel, FL (US) 565 s ck 1992. paidowitzetal . D2/903 D390,694 S 2f1998 Lozano (73) Assignee: Surf 9, LLC, Fort Myers, FL (US) D397.545 S 9, 1998 Davidowitz et al. D402,795 S 12/1998 Moll et al. (**) Term: 14 Years D412,776 S * 8/1999 Biedermann .................. D2/919 D424,291 S 5, 2000 Matis (21) Appl. No. 29/472,567 (Continued) (22) Filed: Nov. 13, 2013 OTHER PUBLICATIONS Sports Authority, www.sportsauthority.com/home, sales website Related U.S. Application Data home page, downloaded Apr. 26, 2013, pp. 1-2. (63) Continuation of application No. 29/453,515, filed on (Continued) Apr. 30, 2013, now Pat. No. Des. 693,546. (51) LOC (10) Cl. ................................................ 02-04 Primary Examiner – Ian Simmons (52) U.S. Cl Assistant Examiner — Rashida C McCoy USPC ........................................................... D2/903 (74) Attorney, Agent, or Firm — Craig R. Miles: CR Miles (58) Field of Classification Search P.C. USPC .......... D2/896, 900, 902, 903, 923, 943, 946, (57) CLAM D2/969: 36/45, 8, 100, 88, 102, 112, 113, 36/3 A, 3 R. 74 11.5, 4,877.5 I claim the ornamental design for a water shoe, as shown and See application file for complete search history. described. (56) References Cited DESCRIPTION U.S. PATENT DOCUMENTS FIG. 1 is a top and left side perspective of a water shoe, embodying my new design; 1,746,478 A 2f1930 Howland FIG. 2 is a right side elevation view thereof; D309,821 S 8, 1990 Miller FIG. 3 is a left side elevation view thereof; D319,917 S * 9, 1991 Mishima ........................ D2/903 D321,084 S 10, 1991 Miller et al. FIG. 4 is a front elevation view thereof; D321,971 S. * 12/1991 Bajork ........................... D2/899 FIG. 5 is a rear elevation view thereof; D324,759 S 3, 1992 Miller FIG. 6 is a top plan view thereof; and, D326, 177 S 5, 1992 Miller et al. FIG. 7 is a bottom plan view thereof. D334,275 S 3, 1993 Miller et al. D335,573 S * 5/1993 Kelton ........................... D2/98O The broken lines shown are included for the purpose of illus D336,767 S 6, 1993 Hatfield et al. trating the unclaimed portions of the article and form no part D342,145 S 12, 1993 Yeh of the claim. D342,369 S 12/1993 Lamson D345.458 S 3, 1994 Lacoraza et al. 1 Claim, 6 Drawing Sheets US D738,073S Page 2 (56) References Cited Google. Aqua Sock: Womens Water Shoes Aqua Socks Pool Beach Yoga. Website, http://www.google.com, 1 total page, downloaded U.S. PATENT DOCUMENTS May 10, 2013. Google. Water Shoe: Blue Fin Noodlin Water Shoes/Aqua Socks. D424,796 S 5, 2000 Matis Website, http://www.google.com, 1 total page, originally down D425,290 S 5, 2000 Matis loaded May 10, 2013. D425,692 S 5, 2000 Matis Great Sandals. Boys/Girls Teva Nilch Water Shoes. On-line catalog, D428.238 S 7, 2000 Price http://www.greatsandals.com, 1 total page, originally downloaded D428,692 S 8/2000 Haas-Chronis May 10, 2013. D431,349 S 10, 2000 Matis iSNORKEL.COM. Warmer Shoreline women's water shoes. On-line D431,711 S 10, 2000 Matis et al. catalog. http://www.isnorkel.com, 1 total page, originally down D436,431 S 1/2001 Agnew loaded May 10, 2013. D446,385 S 8, 2001 MacLeod Kmart. Athletech Women's Maritime Aqua Sock. On-line catalog, D447,860 S 9, 2001 Matis et al. http://www.kmart.com, 1 total page, originally downloaded May 10, D448,149 S 9, 2001 Matis et al. 2013. D450, 180 S 11/2001 Matis et al. Metro Swim Shop. Aqua Sphere Lisbona Water Shoes. On-line cata D450,913 S 11/2001 Banik et al. log. http://www.metroshop.com, 1 total page, originally downloaded D458.442 S 6, 2002 Matis Jun. 17, 2013. D459,575 S 7/2002 Garcia Polyvore. Aquatik Men & Women Aqua Water Shoes. On-line cata D461,040 S 8, 2002 Urie et al. log. http://www.polyvore.com, 1 total page, originally downloaded D472,697 S * 4/2003 Yamazaki ...................... D2/903 Jun. 17, 2013. D473,700 S 4/2003 Adreliunas et al. SHOEBUY.COM. Women's Cudas Flatwater. On-line catalog, D476,796 S 7/2003 Meza et al. http://www.shoebuy.com, 1 total page, originally downloaded May D480,540 S 10/2003 Hoyt et al. D490,219 S * 5/2004 Lu .................................. D2/903 10, 2013. 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On-line catalog, OTHER PUBLICATIONS http://www.swimwearshack.com.au, 1 total page, originally down loaded Jun. 17, 2013. Sports Authority, www.sportsauthority.com/product, Sales website The House Outdoor Gear. Rafters Malibu Water Shoes. On-line cata log. http://www.the-house.com, 1 total page, originally downloaded Oxide Women's Riptide II Water Shoes product page, downloaded May 10, 2013. Apr. 26, 2013, pp. 1-2. Wanelo. Anazon.com: Aquatik Men & Women Aqua Water Shoes— Sports Authority, www.sportsauthority.com/product, Sales website Beach Shoes with Drawstring Closure. On-line catalog. http://www. Mens Boating Shoes product page, downloaded Apr. 26, 2013, pp. wanelo.com, 1 total page, originally downloaded Jun. 17, 2013. 1-3. West Marine. West Marine Unisex Strappy Aqua Socks. On-line Sports Authority, www.sportsauthority.com/product, Sales website catalog. http://www.westmarine.com, 1 total page, originally down Women's Water Shoes product page, view as of Feb. 3, 2013 by way loaded May 10, 2013. of WayBackMachine, pp. 1-2. XBstore. Aquatic Pool Beach surf Adjustable Slip-On Shoes. On Sports Authority, www.sportsauthority.com/product, Sales website line catalog. http://www.xbstore.com, 2 total pages, originally down Men's Water Shoes product page, view as of Feb. 14, 2013 by way of loaded Jun. 17, 2013. WayBackMachine, pp. 1-2. ZAPPOSCOM O'Neill Reactor Reef Boot. On-line catalog. http:// Design U.S. Appl. No. 29/453,515, filed Apr. 30. www.Zappos.com, 1 total page, originally downloaded May 10, AMAZON.COM. Aquatik Men & Women Aqua Beach Shoes— 2013. Beach Shoes with Lace Fit System. Website, http://www.amazon. ZAPPOSCOM Speedo Shore Cruiser II. On-line catalog. http:// com, 1 total page, originally downloaded Jun. 17, 2013. www.Zappos.com, 1 total page, originally downloaded May 10, Ack. Adidas Jawpaw II Water Shoe. On-line catalog. http:// 2013. austinkayak.com, 1 total page, originally downloaded May 10, 2013. ZAPPOSCOM Teva Nilch. On-line catalog. http://www.zappos. Blain'S Farm & Fleet. Bogs Women's Malibu Aqua Sock. On-line com, 1 total page, originally downloaded May 10, 2013. catalog. http://www.farmand fleet.com , 1 total page, originally ZAPPOSCOM Roxy Gamechanger Reefwalker Surf Booties. On downloaded May 10, 2013. line catalog. http://www.Zappos.com, 1 total page, originally down Eastbay. Nike ACG Aqua Sock Classic. On-line catalog. http://www. loaded May 10, 2013. eastbay.com, 1 total page, originally downloaded May 10, 2013. Google. New Mens Slip on Water Pool Beach Shoes Aqua Socks. Ebay. NWT Speedo water shoes. Website, http://www.ebay.com, 1 Website, http://www.google.com, 2 total pages, originally down total page, originally downloaded Jun. 17, 2013. loaded Jun. 19, 2013. Everything Summercamp. Northside Concorde Yough Water Shoe. Plaintiffs Complaint, Surf 9, LLC v. The Sports Authority, Inc. and On-line catalog. http://www.everythingSummercamp.com, 1 total Eastman Footwear, Inc., Case No. 1:14-cv-03260, United States Dist. page, originally downloaded Jun. 17, 2013. Ct. Dist. of Colorado, dated Dec. 1, 2014, 17 total pages. Frisky Shoes. Aquatic Shoes—Girls. On-line catalog. http://www. friskyshoes.com, 1 total page, originally downloaded Jun. 17, 2013. * cited by examiner U.S. Patent Sep. 8, 2015 Sheet 1 of 6 US D738,073S U.S. Patent Sep. 8, 2015 Sheet 2 of 6 US D738,073S U.S. Patent Sep. 8, 2015 Sheet 3 of 6 US D738,073S U.S. Patent Sep. 8, 2015 Sheet 4 of 6 US D738,073S w U.S. Patent Sep. 8, 2015 Sheet 5 of 6 US D738,073S U.S. Patent Sep. 8, 2015 Sheet 6 of 6 US D738,073S Myw V N V AV fa a S SaaS w ay wa a .
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