R and A Synergy - Complaint

Case: 1:13-cv-00130 Doc #: 1 Filed: 01/18/13 1 of 10. PageID #: 1

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OIDO

EASTERN DIVISION

_________________________ x RAND A SYNERGY, LLC

AND

MAGIC TAP, LLC

Plaintiffs,

v.

IDEA VILLAGE PRODUCTS CORP.

AND

NANCY STEVENS

AND

STEVENS & DELAIRRE, LLC

AND

JOHN DOE

Defendants.

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) )

------------------------~X

CIVIL ACTION NO.:

- 1 -


COMPLAINT

Plaintiffs Rand A Synergy, LLC ("Rand A") and Magic Tap, LLC ("Magic Tap"), for their

Complaint against Defendants Idea Village Products Corp. ("Idea Village"), Nancy Stevens ("Ms.

Stevens"), Stevens & Delairre, LLC ("Stevens & Delairre"), and John Doe, state and allege as

follows:

I. NATURE OF THE ACTION

1. This is an action for patent infringement.

2. Rand A owns all right, title and interest in and to, US Design Patent 646,869 (the

'869 Patent), titled Garment, issued on October 18, 2011. A copy of the patent is attached hereto

as Exhibit A.

3. R and A and Magic Tap allege that Defendants have been and are infringing,

contributing to the infringement of, and/or actively inducing others to infringe the claim of the '869

Patent.

4. Rand A owns all right, title and interest in and to, US Design Patent 663,925 (the

'925 Patent), titled Garment, issued on July 24, 2012. A copy of the patent is attached hereto as

Exhibit B.


contributing to the infringement of, and/or actively inducing others to infringe claim of the '925

Patent.

6. R and A owns all right, title and interest in and to, US Patent Publication

2010/0199403 (the '403 Patent), titled Reversible Sleeved Garment Accessory, published on August

12, 2010. A copy of the patent publication is attached hereto as Exhibit C.

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contributing to the infringement of, and/or actively inducing others to infringe the allowed claims

ofthe '403 Patent.

II. JURISDICTION AND VENUE

8.

9.

1338(a).

10.

This claim arises under the United States patent laws, 35 U.S.C. § 1 et seq.

TheCourthasoriginaljurisdictionoverthis actionpursuantto28 U.S.C. §§ 1331 and

Venue is proper in this district pursuant to 28 U.S.C. § 1391 and 1400(b).

III. PARTIES AND JURISDICTION

11. Plaintiff Rand A is a limited liability company organized and existing under the laws

of the State of California with a principal place of business in Riverside, California.

12. Plaintiff Magic Tap is a limited liability company organized and existing under the

laws of the State of Delaware with a principal place ofbusiness in Cleveland, Ohio.

13. Magic Tap is the exclusive licensee of the '869 Patent, the '925 Patent and the '403

Patent.

14. Upon information and belief, Defendant IdeaVillage is a New Jersey corporation,

having a principal place ofbusiness in Wayne, New Jersey.

15. Upon information and belief, Idea Village is a retailer of general merchandise and mail

order products offered for sale on its website at www.ideavillage.com .

16. Upon information and belief, Idea Village offers for sale and sells products in the state

of Ohio, including the Northern district of Ohio.

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17. Upon information and belief, Defendant Idea Village is the owner ofthe domain name

www.getamazingarms.com as seen in the WHO IS domain registration information, attached hereto

as Exhibit D.

18. Upon information and belief, John Doe is a business entity of unknown form, located

in Los Angeles County, California, and, more specifically, operates out ofPacoima, California.

19. Upon information and belief, John Doe, is a retailer of women's garments, namely,

sleeved undergarments, including the garment product AMAZING ARMS.

20. Upon information and belief, John Poe, advertises and sells the garment product

AMAZING ARMS through the website www.getamazingarms.com.

21. Upon information and belief, John Doe offers for sale and sells the garment product

in the state of Ohio, including the Northern district of Ohio.

22. Upon information and belief, Ms. Stevens is a resident of the State ofNew York and

has an address of 142 West End Avenue, Apartment 24U, New York, NY 10023.

23. Upon information and belief, Stevens & Delairre is a limited liability company

organized and existing under the laws of the State ofNew York with a principal place ofbusiness

at 142 West End Avenue, Apartment 24U, New York, NY 10023, which place of business is

believed to be same as the residence of Ms. Stevens.

24. Upon information and belief, Ms. Stevens is the registered agent of Stevens &

Delairre

25. Upon information and belief, Ms. Stevens and Stevens & Delairre have entered into

an agreement with Idea Village and John Doe to supply garments or to authorize Idea Village and

John Doe to obtain garments to be offered for sale and sold under the brand AMAZING ARMS

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through the website www.getamazingarms.com.

26. IdeaVillage, Ms. Stevens, Stevens & Delairre and John Doe are subject to the

personal jurisdiction of this Court in that Idea Village, Ms. Stevens, Stevens & Delairre and John Doe

do business within the state of Ohio, including the Northern District of Ohio.

IV. FACTUAL BACKGROUND

27. Rand A is a family owned and operated business and an innovator in the garment

business.

28. Rand A is a designer, distributor and manufacturer of women's garments, namely,

sleeved undergarments.

29. Rand A advertises, markets and manufactures garments under the '869 Patent, the

'925 Patent and the '403 Patent under the brand name SLEEVEY WONDERS, which is the subject

ofU.S. Trademark Registration No. 3,890,712.

30. On information and belief, Defendants are manufacturing, using, selling and/or

offering for sale a garment product Amazing Arms, which is virtually identical to the claimed design

of the '869 Patent and the '925 patent, and the allowed claims of the '403 Patent.

31. The Amazing Arms product is being offered for sale and sold at

www.getamazingarms.com. A copy of the Amazing Arms product as it appears on the website is

attached hereto as Exhibit E.

32. The customer service address on the listed on the websitewww.getamazing arms.com

is listed as Amazing Arms, 10303 Norris Ave., Pacoima, CA 91331. The telephone number listed

is 877-83 3-7 685 which is believed to be a telemarketer number associated with a number of"as seen

on TV" products.

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3 3. Plaintiffs cannot distinguish the-relationship between Defendant Idea Village and the

operator of the website www.getamazinganns.com selling the Amazing Arms product and doing

business out ofPacioma, CA.

34. RandA has given Defendants notice of the '869 Patentinaccordancewith35 U.S.C.

§ 287 by marking their product and providing notice of the patents on their respective website at

www.sleeveywonders.com.

35. Rand A also wrote a cease and desist letter to Defendants on June 15, 2012 which

informed Defendants of the infringement of the claim of the '869 Patent (Exhibit E). The June 15th

letter also included a complaint for patent infringement against Defendants that was filed, but not

officially served on Defendants.

36. After receipt of the June 15th letter, Defendants removed the gannents from the

website www.getamazinganns.com.

37. In 2012, Magic Tap entered into an exclusive license agreement to offer to sell and

sell gannents that are currently offered by R &A and which are covered by the claims of the '869

Patent, the '925 patent, and the '403 Patent.

38. Sometime in late 2012, Plaintiffs noted that gannents were once again available for

sale on the website www.getamazinganns.com.

39. On January 18, 2013, Plaintiffs sent another cease and desist letter to Defendants

notifying the Defendants of the patent rights ofPlaintiffs that are defined in the claim of the '869

Patent and the '925 Patent, and the allowed claims of the '403 Patent.

- 6-


- 7-


herein.

CAUSE OF ACTION FOR PATENT INFRINGEMENT

(Against All Defendants)

40. Plaintiff realleges the allegations of Paragraphs 1 through 39 as if fully set forth

41. Defendants have been and are currently directly and intentionally infringing the claim

of the '869 Patent and the '925 Patent, and the allowed claims of the '403 Patent by manufacturing,

using, selling and/or offering for sale the Amazing Arms product.

42. Plaintiffs have been damaged by Defendants' activities and will be irreparably harmed

by damage to their reputation and the exclusivity of their products unless such infringing activities

are enjoined by this Court.

43. Plaintiffs have been damaged by Defendants intentional and deliberate infringements

in that Plaintiffs have lost product sales and business opportunities in an amount to be proven at trial.

PRAYER FOR RELIEF

WHEREFORE, Plaintiffs pray that the Court enter a judgment against the Defendants

IdeaVillage, Ms. Stevens, Stevens & Delairre and John Doe, jointly and severally, and their

respective officers, agents, servants, employees, attorneys, and all those persons in active concert or

participation with Defendants, as follows:

1. Enter a judgment that Defendants have directly infringed, induced or contributorily

infringed the claim of the '869 Patent by advertising and selling the Amazing Arms product;


infringed the claim of the '925 Patent by advertising and selling the Amazing Arms product;

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infringed the allowed claims of the '869 Patent by advertising and selling the Amazing Arms

product;

4. Order Defendants to pay all actual damages suffered by Plaintiffs as provided by law;

5. Find that Defendants' patent infringement was willful and malicious and award treble

damages to Plaintiffs pursuant to 35 U.S.C. § 284;

6. Enter a judgment and order for preliminary and permanent injunctive relief against

Defendants, their agents, representatives, employees and those acting in concert with them, to

prevent and restrain Defendants from:

A. Continuing and/or pursuing the acts described and complained of in this

action; and,

B. Continuing to make and sell the infringing products and services;

7. Enter a judgment and order for preliminary and permanent injunctive relief against

Defendants, their agents, representatives, employees and those acting in concert with them, to

account for and to destroy all products infringing the claim of the '869 Patent, the claim of the '925

Patent, and the allowed claims ofthe '403 Patent;

8. Enter an order directing Defendants to file a report detailing all measures taken to

comply with the injunction within thirty days (30) of the Court's injunction;

9. Award Plaintiffs the full costs of this action, including attorneys' fees as allowed by

Title 35 of the United States Code;

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10. Award all such other relief as the Court deems just and proper.

- 10-

BRIAN E. TURUNG Ohio Bar No. 0052034 FAY SHARPE LLP The Halle Building, 5th Floor 1228 Euclid Avenue Cleveland, OH 44115-1843 Telephone: 216-363-9000

Attorneys for Plaintiffs R and A Synergy, LLC Magic Tap, LLC

Case: 1:13-cv-00130 Doc #: 1-1 Filed: 01/18/13 1 of 6. PageID #: 11

EXHIBIT A


111111 1111111111111111111111111111111111111111111111111111111111111

c12) United States Design Patent Greenblat

(54) GARMENT

(75) Inventor: Ruth Ann Green blat, Diamond Bar, CA (US)

(73) Assignee: Rand A Synergy, Diamond Bar, CA (US)

(**) Term: 14 Years

(21) Appl. No.: 29/366,395

(22) Filed: Jul. 23, 2010

(51) LOC (9) Cl ................................................... 02-02 (52) U.S. Cl ........................................... D21750; D2/847 (58) Field of Classification Search ................... D2/749,

(56)

D21750, 828, 830, 847,848,728, 755; 2/90, 2/106, 108, 115,462

See application file for complete search history.

References Cited

U.S. PATENT DOCUMENTS 593,175 A

1,155,544 A 1,236,720 A 1,250,836 A " 1,269,805 A 1,285,917 A " 1,421,131 A " 1,637,518 A Dl20,182 S " 2,313,519 A 2,334,498 A 2,382,396 A 2,603,788 A 2,603,789 A " 2,677,131 A 2,690,565 A 2,710,968 A • 2,774,075 A 3,378,853 A

1111897 Heyman 10/1915 Bonoff 8/1917 Kotek

12/1917 Fowler ................................ 2/91 6/1918 Felberbaum

1111918 Bradley eta! ....................... 2/91 6/1922 Abrams .............................. 2/92 8/1927 Brunk et a!. 4/1940 Fellegi ........................... D2/828 3/1943 Cuttler

1111943 Merkent 8/1945 Carlu 7/1952 Page 7/1952 Straus ............................... 2/108 5/1954 Shuster

10/1954 Cornet 6/1955 Page ................................. 2/105

12/1956 Saccoccio 4/1968 Fierst

USOOD646869S

(10) Patent No.: US D646,869 S ** Oct. 18, 2011 (45) Date of Patent:

3,380,075 A 4,570,267 A " 4,706,304 A " 4,866,791 A 5,628,064 A 6,183,339 B1 6,393,611 Bl 7,028,342 B1" 7,066,784 B2 D548,891 S " D572,435 S " 7,429,206 B2"

2004/0199976 Al ..

* cited by examiner

4/1968 Marthinsson 2/1986 Appel ................................. 2/91

11/1987 Jones .................................. 2/91 9/1989 Carver 5/1997 Chung 2/2001 Thompson 5/2002 Thompson 4/2006 Nordstrom eta! ................ 2/119 6/2006 Peay 8/2007 Boord ....................... D29/101.1 712008 Bily et al. ... ... ............. ... D2/828 9/2008 Perry .............................. 450/86

10/2004 Hunt ................................... 2/93

Primary Examiner- Ian Simmons Assistant Examiner - Rashida Johnson (74) Attorney, Agent, or Firm- The Eclipse Group LLP

(57) CLAIM I claim the ornamental design for a garment, as shown and described.

DESCRIPTION

FIG. 1 is a rear elevational view of a garment, showing the first embodiment of my new design; FIG. 2 is a front elevational view thereof; FIG. 3 is a top rear perspective view thereof; FIG. 4 is a bottom front perspective view thereof; FIG. 5 is a rear elevational view of a garment, showing the second embodiment of my new design; FIG. 6 is a front elevational view thereof; FIG. 7 is a top rear perspective view thereof; and, FIG. 8 is a bottom front perspective view thereof. The broken lines in FIGS. 1 and 5, showing portions of the human figure, form no part of the claimed design. The broken lines in FIGS. 2, 4, 6 and 8 represent the portions of the design, which form no part of the claim.

1 Claim, 4 Drawing Sheets


U.S. Patent

FIG.l

FIG. 2

Oct. 18,2011

I I I I I I

Sheet 1 of4 US D646,869 S


U.S. Patent Oct. 18, 2011 Sheet 2 of 4 US D646,869 S

FIG. 3

FIG. 4


U.S. Patent

FIG. 5

FIG. 6

Oct. 18, 2011

I

\ 1 I I I

I

Sheet 3 of4

I

I I I I \ \

US D646,869 S

Case: 1:13-cv-00130 Doc #: 1-1 Filed: 01/18/13 6 of 6. PageID #: 16..

U.S. Patent Oct. 18, 2011 Sheet 4 of4 US D646,869 S

FIG. 7

FIG. 8


EXHIBIT 8


I IIIII 1111111111111111111111111111111111111111111111111111111111111

(12) United States Design Patent Greenblat

(54) GARMENT

(75) Inventor: Ruth Ann Greenblat, Diamond Bar, CA (US)

(73) Assignee: Rand A Synergy, Diamond Bar, CA (US)

(**) Term: 14 Years

(21) Appl. No.: 29/404,179

(22) Filed: Oct.17, 2011

Related U.S. Application Data

(62) Division of application No. 29/366,395, filed on Jul. 23,2010, now Pat. No. Des. 646,869.

(51) LOC (9) Cl. . ................................................. 02-02 (52) U.S. CL .......................................... D2n50; D2/847 (58) Field of Classification Search ................... D2/728,

D2/717, 749-751,828, 840, 841, 844, 847; 2/90, 104-106, 108, 113-115

See application file for complete search history.

(56) References Cited

U.S. PATENT DOCUMENTS 1,250,836 A * 12/1917 Fowler ................................ 2/91 1,285,917 A * 1111918 Bradley eta! ....................... 2/91

USOOD663925S

(10) Patent No.: (45) Date of Patent:

US D663,925 S ** Jul. 24, 2012

1,421,131 A * 6/1922 Abrams .............................. 2192 2,603,789 A * 7/1952 Straus ............................... 2/108 2,675,556 A * 4/1954 Collier .............................. 2/108 4,570,267 A * 2/1986 Appel ................................. 2/91 D548,891 S * 8/2007 Boord ....................... 029/101.1 D553,827 S * 10/2007 Mehes ........................... D2/846 D572,435 S * 712008 Bily et a!. ................... ... D2/828 7,429,206 B2 * 9/2008 Peny .............................. 450/86 D639,024 S • 6/2011 Benderradji ................... D2/830 0646,869 S * 10/2011 Greenblat ...................... D2/750

2004/0199976 A1* 10/2004 Hunt ................................... 2/93

* cited by examiner

Primary Examiner- Rashida Johnson (74) Attorney, Agent, or Firm- The Eclipse Group LLP

(57) CLAIM I claim the ornamental design for a garment, as shown and described.

DESCRIPTION

FIG. 1 is a rear elevational view of a garment, showing my new design; FIG. 2 is a front elevational view thereof; FIG. 3 is a top rear perspective view thereof; the lower portions of the sleeves shown rotated forward; and, FIG. 4 is a bottom front perspective view thereof. The broken lines in FIG. 1, showing portions of the human figure, form no part of the claimed design. The broken lines in FIGS. 2 and 4 represent the portions of the garment, which form no part of the claim.

1 Claim, 2 Drawing Sheets


U.S. Patent Jul. 24, 2012 Sheet 1 of2 US D663,925 S

FIG.1

FIG. 2


U.S. Patent Jul. 24, 2012 Sheet 2 of2 US D663,925 S

FIG. 3

FIG. 4


EXHIBIT C


111111111111111111111 US 20100199403Al

(19) United States c12) Patent Application Publication

Green blat (10) Pub. No.: US 2010/0199403 A1 (43) Pub. Date: Aug. 12, 2010

(54) REVERSffiLE SLEEVED GARMENT ACCESSORY

(76) Inventor: Ruth Ann Green blat, Diamond Bar,CA(US)

Correspondence Address: THE ECLIPSE GROUP LLP 10605 BALBOA BLVD., SUITE 300 GRANADA IDLLS, CA 91344 (US)

(21) Appl. No.:

(22) Filed:

12/699,751

Feb.3,2010

Related U.S. Application Data

(60) Provisional application No. 61/281,474, illed on Nov. 17, 2009, provisional application No. 61/278,647,

100 ~108

106

112 104

illed on Oct. 9, 2009, provisional application No. 61/206,706, illed on Feb. 3, 2009.

Publication Classification

(51) Int. Cl. A4ID 1100 (2006.01)

(52) U.S. Cl ............................................................... 2/69

(57) ABSTRACT

A reversible garment accessory of the invention designed to be seamlessly worn with sleeveless or strapless tops, dresses or other garments for the purpose of varying the appearance of the original garment, while at the same time concealing a woman's arms without adding undue bulkiness on the torso of the wearer.

112 108

116


Patent Application Pnblication Ang. 12, 2010 Sheet 1 of 17

100 ~108

11

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Patent Application Pnblication Aug. 12, 2010 Sheet 4 of 17

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US 2010/0199403 AI

REVERSmLE SLEEVED GARMENT ACCESSORY

CROSS-REFERENCE 10 RELATED APPLICATIONS

(0001] This application claims priority ofU.S. Provisional Application Sec. No. 61/281,474 filed Nov. 17, 2009 titled REVERSffiLE SLEEVED GARMENT ACCESSORY; U.S. Provisional Application Sec. No. 61/278,647, filed on Oct. 9, 2009, titledREVERSffiLE SLEEVED GARMENT ACCESSORY; and U.S. Provisional Application Sec. No. 61/206,706 filed Feb. 3, 2009 titled ATTACHABLE SLEEVES; which applications are all incorporated by reference in this application in their entirety.

BACKGROUND OF THE INVENTION

[0002] 1. Field of the Invention (0003] This invention relates to a reversible sleeved garment, and in particular, to a reversible sleeved garment that may be worn to enhance sleeveless or strapless garments. (0004] 2. Related Art [0005] Several attempts have been made to create sleeved undergarments for individuals to wear over conventional brassieres (or having integrated brassieres) for the purpose of concealing or covering a wearer's arms. The undergarments currently available are not, however, designed to create the appearance of being part of the gannent with which they are worn. The garments currently on the market include unsightly seams that do not match the garment design with which they are worn or do not provide the correct type of coverage over one's chest. As such, the portion of the garment covering one's chest may be visible when wom with sleeveless or strapless garments. Further, no garments on the market currently allow for a wearer to reverse the garment to vary the style of the garment and vary the level of coverage across the chest area for the wearer. (0006] Accordingly, a need exists for a garment acc~sory that can be worn under any type of sleeveless or strapless garment to create an appearance that the garment accessory is part of the overlying garment. A need further exists for a garment accessory that does not have visible seams and that can be worn with both low cut and high neckline garments without exposing the garment accessory through the front of the overlying garment. A need further exists for a garment accessory that enhances both the original garment, conceals the arms of the wearer, while at the same time expanding a woman's wardrobe. By concealing the arms of the wearer, arm flab, loose skin, tattoos and age spots may also be concealed to make the wearer's arm appear slimmer, firmer, and more youthful. Finally, a need further exiSts for a sleeved garment accessory that not only can be worn under any type of sleeveless or strapless garment to create the appearance that it is part of the overlying garment and that covers the wearer's arms, but that also provides support to the midriff section of the wearer to create a slimmer fit.

SUMMARY

(0007] The invention provides a reversible gannent accessory comprised at least partially of an elastic material permitting the garment to stretch. The reversible garment accessory includes a circular torso member having a first face section and a second face section and two opposing sleeve members extending therefrom. The first face section is designed to

1 Aug. 12, 2010

provide minimal coverage for a wearer and the second face section is designed to provide fuller coverage, such that the garment can be worn with either the first face section or the second face section facing forward over the chest of the wearer to conceal the garment accessory under an 9Wrlying garment, as desired, depending upon the neckline and cut of the overlying garment. (0008] In one example of an implementation, the garment accessory further includes an elastic band member that encircles the torso. The elastic band member may be a one piece elastic member that is permanently affixed at opposing ends through stitching to create a unitary elastic band encircling the torso and that requires the garment to be pulled over or stepped into. Alternatively, the elastic band may include a closure device to be secured together by the user, such as a clip, clasp, hooks, or other fastening mechanism. (0009] In another example of an implementation, the garment accessory may further include a midriff or bodice section that may be made of a material to shape the midriff or torso of the wearer. (0010] Other devices, apparatus, systems, methods, features and advantages of the invention will be or will become apparent to one with skill in the art upon examination of the following figures and detailed description. It is intended that all such additional systems, methods, features and advantages be included within this description, be within the scope of the invention, and be protected by the accompanying claims.

BRIEF DESCRIPTION OF THE FIGURES

(0011] The invention may be better understood by referring to the following figures. The components in the figures are not necessarily to scale, emphasis instead being placed upon illustrating the priuciples of the invention. In the figures, like reference numeralsdesignatecorrespondingparts throughout the different views. [0012] FIG.1 is a front perspective view of one example of a reversible sleeved garment accessory of the invention illustrating the garment accessory with the low-cut side of the garment accessory in the front and the full coverage side in the back. (0013] FIG. 2 is a rear perspective view of the reversible sleeved garment accessory of FIG. 1. (0014] FIG. 3 is a top perspective view of the reversible sleeved garment accessory of FIG. 1 illustrating the arms of the garment extended horizontally outward. · (0015] FIG.4isabottomperspectiveviewofthereversible sleeved garment accessory of FIG. 1 illustrating the arms of the garment extended vertically upward. (0016] FIG. 5 is a side perspective view of the reversible sleeved garment accessory ofFIG. 1 illustrating the rearward arm of the garment extending hori2Xlntally outward from the front of the garment and the fmwardann extending vertically upward. (0017] FIG. 6 is a front view of the reversible sleeved garment accessory ofFIG.1 illustrating the garment accessory being worn with the low-cut side of the garment accessory worn in the front, the full coverage side worn in the back and the shoulder portion of the sleeves of the garment accessory worn on-the-shoulders. (001S} FIG. 7 is a front view of the reversible sleeved garment accessory ofFIG.1 illustrating the garment accessory being worn with the low-cut side in the front and the full coverage side of the garment worn in the back and the shoulder portions of the sleeves worn off-the-shoulders.


US 2010/0199403 A1

[0019] FIG. 8 is a back view of the reversible sleeved garment accessozy of FIG. 1 illustrating the garment accessozy being worn with the low-cut side of the garment accessory worn in the front, the full coverage side worn in the back and the shoulder portions of the sleeves of the garment accessory worn on-the-shoulders. [0020] FIG. 9 is a back view of the reversible sleeved garment accessory of FIG. 1 illustrating the garment accessory being worn with the :full-<:overage side in the front, the lowcut side of the garment worn in the back and the shoulder portions of the sleeves worn off-the-shoulders. (0021] FIG. 10 is a front view of the reversible sleeved garment accessory of FIG. 1 illustrating the garment accessozy being worn with the full-<:overage side in the front, the low-cut side of the garment worn in the back and the shoulder portion of the sleeves worn on-the-shoulders. [0022] FIG. 11 is a ftont view of the reversible sleeved garment accessory of FIG. 1 illustrating the garment accessory being worn with the :full-<:overage side in the ftont, the low-cut side of the garment worn in the back and the shoulder portion of the sleeves worn off-the-shoulders. [0023] FIG. 12 is a back view of the reversible sleeved garment accessory of FIG. 1 illustrating the garment accessory being worn with the full -<:average side in the front, the low-cut side of the garment worn in the back and the shoulder portion of the sleeves worn on-the-shoulders. [0024] FIG. 13 is a back view of the reversible sleeved garment of FIG. 1 illustrating the garment accessory being worn with the full-coverage side in the front, the low-cut side of the garment worn in the back and the shoulder portion of the sleeves worn off-the-shoulders. [0025] FIG. 14 is a front view of one example of another embodiment of a reversible sleeved garment accessory illustrating the garment accessory being worn with the low-<:01 side of the garment accessory worn in the front, the full coveragesideworninthebackandtheshoulderportionofthe sleeves of the garment accessory worn on-the-shoulders. [0026) FIG. 15 is an enlarged view of the closure device illustrated in Section A of FIG. 14. [0027) FIG. 16 is a back view of the reversible sleeved garment accessory ofFIG.14, illustrating the garment accessory being worn in reverse to that illustrated in FIG. 14, with the low-cut side of the garment accessory worn in the back and the full coverage side worn in the front. [0028) FIG. 17 is a front view of yet another example of another implementation of a reversible sleeved garment accessory illustrating the garment accessory being worn with an alternative design low-<:ut side of the garment accessory worn in the front, the full coverage side worn in the back and the shoulder portion of the sleeves of the garment accessory worn on-the-shoulders. (0029] FIG.18 is a back view of still another example of an implementation of a reversible sleeved garment accessory, illustrating the garment accessory being worn with an alternative design and the full coverage side worn in 1he back of the garment. [0030] FIG. 19 is a front perspective view of yet another example of a reversible sleeved garment accessory of 1he invention illustrating the garment accessory with 1he low-<:01 side of the garment accessory in the front and the :full coverage side in the back. [0031] FIG. 20 is a rear perspective view of the reversible sleeved garment accessory ofFIG.19 illustrating the garment accessory.

2 Aug. 12, 2010

[0032] FIG. 21 is a top perspective view of the reversible sleeved garment accessory ofFIG.19 illustrating the arms of the garment extending horizontally outward. [0033] FIG. 22 is a bottom perspective view of the reversible sleeved garment accessory of FIG. 19 illustrating the arms of the garment extending vertically upward. [0034] FIG. 23 is a side perspective view of the reversible sleeved garment accessory of FIG. 19 illustrating 1he rearward arm of the garment extending horizontally outward from the front of the garment. (0035] FIG. 24 is a side perspective view of the reversible sleeved garment accessory of FIG. 19 illustrating the rearward ann of the garment extending horizontally outward from the front of the garment and 1he forward arm extending vertically upward. [0036] FIG. 25 is a front view of the reversible sleeved garment accessory ofFIG.19 illustrating the garment accessory being worn by a wearer with the low-cut side of the garment accessory worn in the front, the full covemge &ide worninthebackandtheshoulderportionofthesleevesofthe garment accessory worn on-the-shoulders. [0037) FIG. 26 is a front view of 1he reversible sleeved garment accessory ofFIG.19 illustrating the garment accessory being wom with the low-<:ut side in the front and the full coverage side of1he garment worn in 1he back and the shoulder portion of the shoulder portion of the sleeves worn offthe-shoulders. (0038] FIG. 27 is a back view of the reversible sleeved garment accessory ofFIG.19 illustrating the garment accessory being worn with the low-cut side of the garment accessory worn in the front, the full coverage side worn in the back and the shoulder portion of the sleeves of the garment acces-sory worn on-the-shoulders. ' [0039] FIG. 28 is a back view of the reversible sleeved garment accessory of FIG. 19 illustrating the garment accessory being wom wi1h the low-<:nt side in the front, the full coverage side of the garment worn in the back and the shoulder portion of the sleeves worn off-the-shoulders. [0040] FIG. 29 is a front view of the reversible sleeved garment accessory ofFIG.19 illustrating the garment accessory being worn with the full -<:average side in the front, the low-cut side of the garment worn in the back and the shoulder portion of the sleeves wor.n on-1he-shoulders. [0041} FIG. 30 is a back view of the reversible sleeved garment accessory of FIG. 19 illustrating 1he garment accessory being worn with 1he full-<:everage side in the front, 1he low-cut side of the garment worn in the back: and 1he shoulder portion of the sleeves worn on-the-shoulders. [0042] FlO. 31 isaftontview ofoneexampleofareversible sleeved garment of the present invention worn underneath a sleeveless dress, illustrating the garment accessory being worn with the low-<:ut side of the garment accessory wom in the front, the full coverage side wom in the back and the shoulder portion of the sleeves of the garment accessory worn on-the-shoulders. (0043] FIG. 32 is another front view of one example of a reversible sleeved garment of the present invention worn underneath a sleeveless dress, illustrating the garment accessory being worn with the low-cut side of the garment accessory worn in the front, the full coverage side worn in the back and the shoulder portion of the sleeves of the garment accessory worn off-the-shoulders. [0044] FIG.33isafrontviewofoneexampleofareversible sleeved garment of the present invention worn underneath a


US 2010/0199403 AI

sleeveless dress, illustrating the garment accessory being worn with the full coverage side of the garment accessory worn in the front, the low-cut side worn in the back and the shoulder portion of the sleevesofthe garment accessory worn on-the-shoulders. (0045] FIG. 34 is another front view of one example of a reversible sleeved garment of the present invention worn underneath a sleeveless dress, illustrating the garment accessory being worn with the full covemge side of the garment accessory worn in the front, the low-cut side worn in the back and the shoulder portion of the sleeves of the garment accessory worn off-the-shoulders. (0046] FIG.3Sisa:frontviewofoneexampleofareversible sleeved garment of the present invention worn underneath a strapless dress, illustrating the garment accessory being worn with the full covemge side of the garment accessory worn in the :front, the low-cut side worn in the back and the shoulder portion of the sleeves of the garment accessory worn on-theshoulders. (0047} FIG. 36 is a top perspective view of yet another example of an implementation of a reversible sleeved garment accessory.

DETAILED DESCRIPTION

[0048] As illustrated in the attached FIGS. 1-35, several examples of various implementations of a reversible garment accessory are provided. As illustrated, the reversible garment accessory of the invention is designed to be seamlessly worn with sleeveless or strapless tops, dresses or other garments fur the purpose of varying the appeamnce of the original garment, while at the same time concealing a woman's arms without adding undue bulkiness on the torso of the wearer. [0049] As illustrated in FIGS. 1-35, the garment accessory 100, 200, 300 and 400 of this invention is designed to be reversible and provide versatility to the wearer. Each garment accessory 100, 200, 300 and 400 bas (i) a first face (or first side) 102, 202,302, 402 that is designed to create an open, low-cut neckline (i.e., low-cut side) and (ii) a second face (or second side) 104, 204, 304, 404 that is designed to provide fuller coverage to the wear to conceal or partially conceal overt cleavage (i.e., full coverage side) by providing a higher neckline than the low-cut side. Each garment accessory 100, 200, 300 and400 also includes sleeves or arms 106, 206, 306, 406 that have shoulder portions 108, 208, 308 and 408 that may be designed to enable the shoulder portions to be rolled down to create an off-the shoulder look when worn by the wearer. [0050] As illustrated in FIGS.1-35, the garment accessory 100,200,300 and400 and canbewomfourdifferentways: (i) with the first face 102, 202, 302, 402 furward to create an open, low-cut neckline and having the shoulder portions 108, 208, 308 and 408 of the sleeves 106, 206, 306, 406 covering the shoulders; (ii) with the first face 102, 202, 302, 402 forward to create an open, low-cut neckline and having the shoulder portions 108, 208, 308 and 408 of the sleeves 106, 206, 306, 406 rolled down to create an off-the shoulder look; (iii) with the second face 104, 204, 304, 404 forward and having the shoulder portions 108, 208, 308 and 408 of the sleeves 106,206,306, 406 covering the shoulders; or(iv) with the second face 104, 204, 304, 404 forward to provide fuller coverage and having the shoulder portions 108, 208, 308 and 408 of the sleeves 106, 206, 306, 406 rolled down to create an off-the shoulder look.

3 Aug. 12, 2010

[0051] The gannent accessory 100, 200, 300 and 400 may be made from a variety of materials and may be designed specifica1ly to match a particular type of garment or garment line. For example, the garment accessory 100, 200, 300 and 400 may bemadefroma light-weightmaterial, such as a thin, light wear, sheer or semi-sheer stretch material. By way of example, the material may be made at least partially from a lycra/spandex blend and may be constructed as either a fourway or two-way stretch material. The garment may further include other materials in addition to lycm and/or spandex, such as cotton, and may even be constructed partially or entirely of a non-stretch material. The expandability of the materiul of the garment accessory may further vary, and may be designed of stretch such that one garment can be worn by women of varying sizes, such as XS, S, M, L, XL and XXL, or may be designed of more contrasting material to fit the wearer based upon standard children and women's clothing sizes, including plus sizes. The selected material may have the versatile potential to keep the wearer cool when it is made :from an open weaveorthin sheer fabric, yet have the potential to keep the wearer warm in colder weather, if it is made from a heavier weight fabric. The garment accessory 100, 200, 300 and 400 may further be constructed :from fabrics having various designs, thicknesses and colors. For example, the garment accessory 100, 200, 300 and 400 may be constructed :from a highly versatile solid or sheer black fabric, which may be capable of being paired with a large number of sleeveless and strapless garments. Further, the garment accessory 100, 200, 300 and400 may further include various sleeve and cuff designs, may be made :from a mesh or net material and may have plain elastic bands at the end of the sleeves, as well as other alternative design or aesthetic variations, to create an alternative looks. [0052] The garment accessory 100, 200, 300 and 400 may be made in various sizes to fit snugly over the top portion of various sized womenbavingvarious sized torsos and arms. In one example of an implementation, the garment accessory 100, 200, 300 and 400 is made entirely of a fuur-way stretch material, with added stretch trims and elastic encircling the torso under the bust, and optionally around the bottoms of the sleeves. When the garment accessory fits snugly, the garment accessory may have the ability to support the breasts due to the stretch fabric and cut of the design, and therefore, may be worn either with or without a bm, at the discretion of the wearer. [0053] In particular, FIG. 1 is a front perspective view of one example of a reversible sleeved garment accessory 100 illustmting the garment accessory 100 with the low-cui side 102 of the garment accessory in the front lllld the full coverage side 104 in the back. As illustmted in FIG. 1, the reversible garment accessory 100 is constructed at least partially from an elastic material permitting the garment to stretch. The reversible garment accessory 100 includes a first face 102 and a second face 104 forming a circular upper torso member and further consisting of two opposing sleeves or sleeve members 106 extending there:from. The first face 102 is designed to provide minimal coverage for a wearer and the second face 104 is designed to provide fuller coverage, such that the garment accessory 100 can be worn with either the first face 102 or the second face 104 facing forward over the chest of the wearer to conceal the garment accessory 100 under an overlying garment, as desired, depending upon the neckline cut of the overlying garment.


US 2010/0199403 A1

(0054] As further illustrated in FlG. 1, the garment accessory 100 further includes an elastic band member 110 designed to encircle the torso of the wearer just underneath the chest of the wearer. The elastic band member 110 may be. a one piece elastic member that is permanently affixed at opposing ends through stitching to create a unitary elastic band 110 encircling the torso. As a unitary band 110, in the illustrated implementation, the wearer would be required to pull the garment over one's bead or step into the garment. (0055] To provide the appearance that the garment accessory 100 is part of an overlying gannent 3100, 3500 (see FIGS. 31-35), when wom togelher, the garment accessory 100 is made so it has no shoulder seam along the shoulder portion108oftheannsoralongtheuppersideoftheanns106 themselves. The gannent accessory 100 is all one piece :from theneckline112totheopposingendofthesleeve114(which may extend to a wearer's wrist or be shorter depending upon sleeve length (e.g., the sleeve end portion may tenninate mid-ann when designed to be a% or shorter lenglh sleeve)), and curving down under the bust 116 portion of the garment to 1he bottom of lhe bra-line and across the back 118 of lhe garment, creating the illusion of being part of the original

. dress, top organnent.As illustrated in FIGS. 4 and5, alllhe seams 120 are made under the anns and along the undersides of the garment to substantially conceal the seams 120. (0056) FIG. 2 is a rear perspective view of the reversible sleeved garmentaccesscirylOO ofFIG.1.As explained above, the garment accessory 100 is cut differently on one side (i.e., the front :fuce 102) than on the olher side (i.e., the back :fuce 104) to create two different wearing options. In this manner, the garment accessory 100 may be wom frontwanl or backward for two different looks, each with two different levels of coverage. As shown in FIG. 1, one side or the front :fuce 102 it is cut very low and is open down to the bottom of the bust where the elastic 110 encircles the torso, li3vini the canter of 1he bust, chest and neckline opw. yet 11t1U has the stretghy material sewn from the bottom of the elaBtie on each tid!! · covering lhe arms, underarms, shouldetamhldMofthe chut and torso. The other side, or the second 1kee 104, has the&lllllt! stretchy :fubric, yet cut higher to cover oltbilr 11 portion of th4l wearer's backifwom in lhe back, or if WPm in. the front, ttl cover the woman's cleavage, spanning &'i'OIB the top of tl1l! torso from sleeve to sleeve. (0057] FlG. 3 is a top perspective view of the reversible sleeved garment accessory 100 ofF1G.1 illustrating the anns 106 of the garment extended horizontally outward. FlG. 3 illustrates the garment accessory 100 baviog no shoulder seam along the shoulder portion 108 of the anns or along the upper side of the anns 106 themselves. FIG. 3 further highlights that the garment accessory 100 is constrocted from one piece from the neckline 112 to the opposing end of the sleeve 114, curving down and forming the :first :fuce and across the back forming the second :fuce 104. [0058] As illustrated in FIG. 3, the first :fuce 102 and a second :fuce 104 are formed :from a single cutof:fubric to avoid seams along the shoulder and upper arm portions. Further, in the illustrated example, the first :fuce 102, or low-cut side 102 is formed from the joining of two corresponding halves 132 and 134. To construct the garment accessory, the sleeves 106 and sides of the garment accessory 100 are then formed to by joining the sleeve 106 portion of the :fubric by a seam 120 located on the underside of the sleeves that extends to along the sides (see FIGS. 4 and 5). The first face 102 and second :fuce 104 are lhen designed to encircle lhe torso by attachment

4 Aug. 12, 2010

to the elastic band 110, which may or may not include a closure device 240 (see FIG. 15). Altematively, the first face 102 and a second :fuce 104 may be formed from two reverse cuts of:fubric, in which case, both the first:fuce 102 and second face 104 may include opposing halves, similar to the halves 132 and 134, which may be joined together at lhe elastic band 110. In this case, the halves may be joined to cross-over, as illustratedinconnectionwi1hFIGS.17and18below.Fur1her, the neckline 136 created by the first face 102 and second :fuce 104 may further include elastic trim. Similarly, elastic trim may be placed at the ends 114 of the sleeves lOCI. (0059] F1G.4isabottomperspectiveviewofthereversible sleeved garment accessory 100 ofFIG. 1 illustrating the anns 106 of the gannent extended vertically upward. FlG. 4 best illustrates that all the seams 120 are made under the anns 106 and along the side of garment accessory 100 to substantially conceal the seams 120 when worn. [0060] FIG. 5 is a side perspective view of the reversible sleeved garment accessory 100 ofF! G. 1 illustrating the rearward arm 106 of the garment accessory 100 extending horizontally outward from the front of the garment accessory 100 and the forward ann 106 extending vertically upward. Like FIG. 4, FIG. 5 illustrates the seams 120 on the garment accessory 100 positioned on lhe underside of the anns 106 and sides of the garment accessory 120 to conceal the seams when worn and create lhe appearance that lhe garment accessory 120 is part of the gar.ment wilh whlch it is wom. (0061} FlG. 6 is a front view of the reversible sleeved garment accessory 100 of FIG. 1 illustrating the garment accessory 100 being worn by a wearer 600 with the ]ow·cut side 102 of the garment accessory 100 wom in the :front, and wilh the full coverage side 104 wom in the back and the shoulder portions 108 of the sleeves 106 of the garment accessory 100 wom on-the-shoulders of lhe wearer 600. As illustrated in FlG. 6, the lower-cut side or first :fuce 102 of lhe garment acces!lO!Y 100, whcm wom in the :front, may be designed to fully or partially expose a woman's cleavage, which may allow the garment accessory 100 to be concealed from the front even when worn with low-cut overlying garments. If worn in the back, the low-cut side may be still be concealed when worn with low or partially open-backed dresses. (0062] FlG. 7 is 11 :front view of the reversible sleeved gar· ment accessory ofPIG.l illustrating the garment accessory 100 being worn with the low-cut side 102 in the front and the full-coverage side 104 of the garment accessory 100 wom in the back and the shoulder portions 108 of the sleeves 106 folded or rolled down to create an off-the-shoulders loo~ In particular, when the garment accessory 100 may be made of a stretch or semi-stretch material, with no seam separating the sleeve 106 from the shoulder portions 108 of the garment accessory 100, the garment accessory 100 may be rolled or folded down ando:lfthe shoulders of1hewearer600, creating another style when worn o:lfthe shoulder eilher frontward or backward. (0063] FIG. 8 is a back vieW oflhe reversible sleeved garment accessory of FIG. 1 illustrating the garment accessory 100 beingwom by a wearer600 with the low-cut side 102 of the garment accessory 100 womin the :front, the full coverage side104wominthebackandtheshoulderportions108ofthe sleeves 106 of the garment accessory 100wom on-the-shoulders. [0064] FIG. 9 is a back view of the reversible sleeved garment accessory 100 of FIG. 1 illustrating the garment accessory 100 being worn wjfu the full-coverage side 104 in th~


US 2010/0199403 Al

back,thelow-cutside102ofthegarmentaccessory100wom in the front and the shoulder portions of the sleeves 108 wom off-the-shoulders. In particular, FIG. 9 shows the back view of the wearer 600 of FIG. 7 and further illustrates that when the garment accessory 100 may be made of a stretch or semistretch material, with no seam separating the sleeve 106 from the shoulder portions 108 of the gannent accessory 100, the gannent accessory 100 may be rolled or folded down and off the shoulders of the wearer 600, creating another style when wom off the shoulder either frontward or backward. (0065] FIG. 10 is a front vieW' of the reversible sleeved garment accessory ofFIG.1 i1lustmting the garment accessory 100 being worn by a wearer 600 with the full-coverage side 104 in the front, the low-cut side 102 of the garment accessory 104 worn in the back and shoulder portion 108 of the arms 106 worn on-the-shoulders. As illustrated, the fuller covemge side 104 of the garment accessory 100 may be designed to fully cover a woman's cleavage (when the :fuller covemge side is womin the front), yet provide a low neckline that may be concealed, as desired when wom with an overlying garment. [0066) FIG. 11 is a front view of the reversible sleeved garment accessory 100 of FIG. 1 illustrating the garment accessory 100 being worn by a wearer 600 with the full. covemge side 104 in the front, the low-cut side 102 of the garment womin the back and theshoulderportions 108 of the arms or sleeves 106 womfolded down and off-the-shoulders. FIG.ll, like FIG. 7,furtherdemonstratestheversatilityofthe garment accessory 100 by showing that the shoulder portions 108 of the arms or sleeves 106 can be folded down when the garment accessory 100 is worn with the :full-covemge side 104 in the front, in the same manner as when the low-cut side 102 is worn in the front (see FIG. 7), to create an additional look. [0067] FIG. 12 is a back view of the reversible sleeved garment accessory 100 illustrating the garment accessory 100 being worn by a wearer 600 with the full-covemge side 104 in the front, the low-cut side 102 of the garment accessory 102 wom in the back. Further, in this illustration, the shoulder portions 108 of the sleeves or arms 106 are worn on-theshoulders. Similarly, FIG. 13 is a back view ofthe reversible sleeved garment accessory 100 illustrating the garment accessory 100 being worn by a wearer 600 with the :full-covemge side 104 in the front, the low-cut side 102 of the garment accessory 100 worn in the back. To create another look, the shoulder portions 106 of the sleeves 108 are folded down and worn off-the-shoulders. [0068] FIGS. 6-13 highlight one example design of the garment accessory 100, as well as the four various ways in which the garm.eut accessozy 100 may be worn underneath a garment 100. In particular, FIGS. 6 & 8 illustrate the reversible sleeved garment accessory 100 being worn with the lowcut side 102 of the garment accessory in the front, the full! fuller coverage side 104 wom in the back and the sleeves of the garment accessory worn on-the-shoulders. FIGS. 7 & 9 illustrate the reversible sleeved garment accessory 100 being worn with the low-cut side 102 of the garment accessory in the front, the full!foller covemge side 104 wom in the back, but with the shoulder portions 108 of the sleeves 106 of the garment accessory 100 worn off-the-shoulders. FIGS.10-U then illustrate the garment accessory 100 wom inreversethat shown in FIGS. 6-9, with the shoulder portions 106 of the sleeves 106 both up (FIGS. 10 & 12) and rolled down (FIGS. 11 &13).

5 Aug. 12, 2010

(0069] FIG. 14 is a front view of one example of another elnbodiment of a reversible sleeved garment accessory 200 illustrating the garment accessory200 beingwomby a wearer 600 with the low-cut side 202 of the garment accessory 200 worn in the front and the full covemge side 204 (not shown) worn in the back. Alternatively to the elastic band 210 being permanently affixed together to encircle the body of the wearer 600, as illustrated in FIGS.1-13, the elastic band210 of the garment accessory 200 may be removably secured together utilizing a clip, clasp, hooks, or other closme or filstening mechanism know by those skilled in the art. In the example shown in FIG. 14, the garment accessory 200 is designed to have clasp 240 attached to the elastic band 210 that encircles the wearer's torso just llllder the bust of the wearer on the low-cut side 202 of the garment accessory 200. In this manner, by utilizing a clasp 240 to removeably filsten the elastic band210, the garment accessory200may open and closeforthe wearer600 to slip more easily on and off.As with the garment accessory 200 itself; the clasp 240 is made to be flat and secured just llllder the cleavage of the wearer 600 when the low-cut side is wom in the front such that the clasp 240 lies flatunderthewoman's garment to give a smooth look that appears to be part of the overlying outfit. [0070] FIG. 15 is an enlwged view of the clasp 240 illustrated in Section A ofF! G. 14 showing the clasp 240 in the open position. As illustrated, the clasp 240 is a closure device having mating coopemtive portions 242 and 244 commonly known in the art. One end of the elastic band 210 is affixed to one mating portion 242, while the other end of the mating portion 244 is affixed to the opposing end of the elastic band 210. The front face 202 is separated in two halves at or near the closure device 240, with one half of the front face 202 extending from one side of the elastic band 210 and the other half of the front face 202 extending from the other side of the elastic band 210 opposite the closure device 240. (0071] FIG. 16 is a back view of the reversible sleeved garment accessory 200 of FIG. 14, illustrating the garment accessory 200 being wominreverseto that illustrated in FIG. 14, with the low-cut side of the garmentaccessoryworninthe back. In this implementation, the low-cut side 202 is sepamted with a closure device 240, such as a hook or clasp, that permits the wearer to open and close the garment accessory 200 for ease in dressing and undressing when wearing the garment accesso:ry 200. (0072] FIG. 17 is a front view of yet another example of another implementation of a reversible sleeved garment accessory 300 illustrating the garment accessory 300 being wom with the low-cut side 302 of the garment accesso:ry 300 wom in the front. In this example, the garment accessory 300 has a crossover feature on at least one side of the garment accessory where the material spans from the shoulder portion 308andacrossthebustorback,formingav-necklinethatcan be as open or closed as the wearer determines by leaving it as is, or by discreetly pinning it more closed. As illustrated, when the cross-over feature is provided on the low-cut side 302, each half 320 and 322 overlap one another near the elastic band 310 creating a triangular overlay section 324, having double thickness material. (0073] The same cross-over feature can be provided on the fuller covemge side 304 of the garment accesso:ry 300. As illustratedinFIG.18, thefullcovemgeside304, which in this illnstration is shown worn on the back of the wearer, may furtherincludeeachhalf326and328ofthefullcovemgeside 304 overlap one another near the elastic band 310 creating a


US 2010/0199403 A1

triangular overlay section330, having double thickness material. While the cross-over feature can be designed to be on eitherorboththelow-cut30Zorfull-coverage304sideofthe garment accessory 300, the cross-over feature may only be utilized on one side 302, 304 of the garment accessory 300. For example, when the cross-over feature is on the low-cut side 302 of the garment accessory 300, the fuller coverage side304 may be designed to have a neckline similar to the full coverage side 104 in FIG. 2. Similarly, when the cross-over feature is on the full coverage side 304, the low-cut side 302 may be similar in design to the low-cut sid,e 102 illustrated in FIG. 1 and may include an elastic band with or without a closure device 240 (FIG. 15). (0074] FIG. 19 is a front perspective view of yet another example of a reversible sleeved garment accessory 400 of the present invention illustrating the garment accessory 400 with the low-cut side of the garrii.ent accessozy in the front and the full coverage side in the back. The garment accessory 400 is similar in construction to that illustrated in FIG. 1, yet includes a bodice or torso section 440 extending below the elastic band 410 of the garment accessory and, in some designs, the bodice section 440 replaces the elastic band 410 in its entirety. The bodice section 440 terminates at hem 442, which may extend to the waist or below the waist of the wearer. (0075] Similar to the design in FIG. 1, the garment accessozy 400 includes a low-cut side 402 and a full coverage side 404, is reversible and can be wom both with the shoulder portions 408 up or rolled down. The reversible garmentaccessozy further includes two opposing sleeve members 406. The first face 402 is designed to provide minimal coverage for a wearer and the second face 404 is designed to provide fuller coverage, such that the garment accessory 400 can be wom with either the first face 402 or the second face 404 facing forward over the chest of the wearer to conceal the garment accessory 400 under an overlying garment, as desired, depending upon the neckline cut of the overlying garment. (0076] In this implementation, the garment accessory 400 may further includes an elastic band member 410 designed to encircle the torso of the wearer just underneath the chest of the wearer. The elastic band member 110 may be a one piece elastic member that is permanently affixed at opposing ends through stitching to create a unitary elastic band 110 encircling the torso. As a unitary band 110, in the illustrated implementation, the wearer would be required to pull the garment over one's head or to step into the garment. (0077] In addition to, or in lien of, the elastic band member 410 is a form fitting bodice section 440 that may provide shapeorsupporttothatofthewearer. Thebodicesection440 may be made out of a strong materia~ such as a blend of nylon, lycra and/or spandex, that are designed to contour the wearer's body to the design of bodice section 440, creating a slimmer body shape. Like the upper portion of the garment accessory, the bodice section 440 isdesigned to be undetectable under clothing and is designed to have a utilitarian style, similar to the top or upper portion of the garment accessory. (0078] To provide the appearance that the garment accessory 400 is part of an overlying garment, when wom together, the garment accessory 400 has no shoulder seam along the shoulderportion408ofthearm.soralongtheuppersideofthe arms 406 themselves. The garment accessory 400 is all one piece from the neckline 412 to the opposing end of the sleeve 414 (which may extend to a wearer's wrist or be shorter depending upon sleeve length (e.g., the sleeve end portion

6 Aug. 12, 2010

may terminate mid-arm when designed to be a% or shorter length sleeve)), and curving down under the bust 416 portion of the garment to the bottom of the bra-line and across the back 418 of the garment, creating the illusion ofbeing part of the original dress, top or garment. As illustrated in FIGS. 22-24, all the seams 420 are made under the arm to substantially conceal the seams. [0079] FIG. 20 shows a rear perspective view of the reversible sleeved garment accessory 400 of FIG. 19. This view illustrates the full-coverage side404. As explained above, the garment accessozy 400 is cut differently on one side (i.e., the front face 402) than on the other side (i.e., the back face 404) to create two different wearing options. In this manner, the garment accessory 400 may be wom frontward or backward for two different looks, each with two different levels of coverage. As shown in FIG. 19, one side of the front face 402 is cut very low and is open down to the bottom of the bust where the elastic 410 and/or bodice section 440 encircles the torso, leaving the center of the bust, chest and neckline open, yet still has the stretchy material sewn from the bottom of the elastic on each side covering the arms, underarms, shoulder and sides of the chest and torso. The second face 404, as shown in FIG. 20, is made of the same fabric as the first face 402, yet cut higher to cover either a portion of the wearer's back if wom in the back, or if wom in the front, to cover the woman's cleavage, spanning across the top of the torso from sleeve to sleeve. (0080} FIGS. 21 "24 illustrate the garment accessory 400 having no shoulder seam along the shoulder portion 408 of thesleevesalongtheuppersideofthesleevesoranns406.All oftheseams420and424onthegarmentarelocatedunderthe sleeves 406 or along the sides of the garment accessozy 400. When the garment accessozy 400 includes a bodice portion 440, the seams 424 of the bodice portion 440 may run along one or more sides of the bodice portion 440 in a manner corresponding to the garment accessory seams 420. (0081] FIG. 25 is a front view of the reversible sleeved garment accessory 400 illustrating the garment accessory 400 being wom by a wearer 600 with the low-cut side 402 of the garment accessory 400 wom in the front, and with the full coverage side 404 (not shown) wom in the back and the shoulder portions 408 of the sleeves 406 ofthegarmentaccessozy 400 wom on-the-shoulders of the wearer 600. As illustrated in FIG. 25, the lower-cut side or first face 402 of the garment accessozy 400, when wom in the front, may be designed to fully or partially expose a woman's cleavage, which may allow the garment accessory 400 to be concealed from the front even when wom with low-cut overlying garments. If worn in the back, the low-cut side 402 may be still be concealed when wom with low or partially open-backed dresses. · [0082] FIG. 26 is a front view of the reversible sleeved garment accessory 400 illustrating the garment accessory 400 being wom by a wearer 600 with the low-cnt side 402 in the front and the full-coverage side 404 (not shown) of the garment accessory 400 wom in the back and the shoulder portions408ofthesleeves406foldedorrolleddowntocreatean off-the-shoulders look. In particular, when the garment accessory 400 may be made of a stretch or semi-stretch material, with no seam separating the sleeve 406 from the shoulder portions 408 of the garment accessory 400, the garment accessory 400 may be rolled or folded down and off the shoulders of the wearer 600, creating another style when wom o:lfthe shoulder either frontward or backward.


US 2010/0199403 A1

(0083] FIG. 27 is a back view of the reversible sleeved garment accessmy 400 illustratingthegarment accessmy 400 being worn by a wearer 600 wilh the low-cut side 402 (not shown) of the garment accessory 400 worn in lhe front, lhe full coverage side 404 worn in the back and the shoulder portions 408 oflhe sleeves 406 of the garment accessory 400 worn on-the-shoulders. Similarly, FIG. 28 is a back view of lhe reversible sleeved garment accessory 400 illustrating lhe garment accessory 400 being worn wilh the full-coverage side 404 in the back, the low-cut side 402 of the garment accessory 400 worn in the front and lhe shoulder portions of the sleeves 408 worn off-the-shoulders. (0084] FIG. 29 is a front view of lhe reversible sleeved garment accessory 400 illustrating the garment accessory 400 being worn by a wearer 600 wilh the full-coverage side 404 in the front and shoulder portion 408 of lhe arms 406 worn on-the-shoulders. As illustrated, the fuller coverage side 404 of the garment accessory 400 may be designed to fully cover a woman'scleavage(whenthe fuller coverage side is worn in the front), yet provide a low neckline that may be concealed, as desired when worn with an overlying garment. (0085] FIG. 30 is a back view of lhe reversible sleeved garment accessory 400 illustrating the garment accessory 400 being worn by a wearer 600 with the full-coverage side 404 (not shown) in the front, the low-cut side 402 of the garment accessory 400 worn in the back. While in this illustration, the shoulder portious 408 of the sleeves or arms 406 are worn on-lhe-shoulders, it recognized that, to· create anolher look, the shoulder portious 406 of the sleeves 408 may be folded down and worn off-the-shoulders. (0086] Like wilh FIGS. 6-13, FIGS. 25-31) highlight the fourvarious ways in which the garment accessory 401)may be worn underneath a garment. In particular, FIGS. 25 & 27 illustrllte the reversible sleeved garment accessory 400 being worn with the low-cut side 402 oflhe garment accessory 400 in lhe front, the full/fuller coverage side 404 worn in lhe back and lhe sleeves of lhe garment accessory 400 worn on-theshoulders. FIGS. 26 & 28 illustrate the reversible sleeved garment accessory 400 being worn with lhe low-cut side 402 of the garment accessory in lhe front, the full/fuller coverage side 404 worn in the back, but with the shoulder portions 408 of the sleeves 406 of the garment accessory 400wom off-theshoulders. FIGS. 29-30 then illustrate the garment accessory 400 worn in reverse. While FIGS. 29-20 only illustrate the shoulder portions 408 of the sleeves 406 up, it is recognized that the shoulder portions 408 of the sleeves 406 may also be folded downward when the full coverage face 404 is worn forward, similar to shown in FIGS. 11 & 13 above. (0087] FIGS. 31-35 all illustrate exiunples of the garment accessmy 100, 200, 300 and 400 worn with a garment In particular, FIG. 31 illustrates one example of a reversible sleeved garment accessmy 100 worn U1ldemeath a sleeveless dress 3100. In this illustration, the garment accessory 100 is worn with the low-cut side of the garment accessory 100 in the front and the shoulder portions 108 of the sleeves 106 worn on the shoulders of the wearer. In this example, the low-cut side 102 (not shown) of the garment accessory 100 is entirely covered by the garment 3100. (0088] FIG. 33 is another front view of one example of a reversible sleeved garment accessory 100beingworn with the full coverage side 104 of the garment accessory 100 worn in the front, the low-cut side 102 (not shown) worn in the back and the shoulder portions 108 of sleeves 106 of the garment accessory 100 worn on-the-shoulders. In this example, it is

7 Aug. 12, 2010

illustrated that the full coverage side 104, when worn in the front, may be seen from U1ldemeath the garment 3100. FIG. 34isanotherfrontviewofoneexampleofareversiblesleeved garment 100 worn underneath a sleeveless dress 3100. This example illustrates the garment accessory 100 of FIG. 33 worn under the dress 3100, but having the shoulder portions 108 of the sleeves 106 rolled down to create another look. (0089] FIG.35 isafrontviewofoneexampleofareversible sleeved garment 100 of the invention worn underneath a strapless dress 3500. In this example, the reversible sleeved garment accessory 100 is worn with the full coverage side104 of the garment accessory 100 worn in the front, the low-cut side 102 (not shown) worn in the back and the shoulder portions 108 of sleeves 106 of lhe garment accessory 100 worn on-the-shoulders. In this example, it is illustrated that 1he full coverage side 104, when worn in the front, may be seen from underneath the garment 3500. (0090] FIG. 36 is a top perspective view of yet another example of an implementation of a reversible sleeved garment accessory 700 illustrating that the arms 706 may be formed having decorative elements 760 that extend along the upper side of the arms 706 themselves from !he neckline 712 to the opposing end of the sleeves 714. Such decorative elements 760 may be incorporated to accent the garment accessory 760 without creating lhe appearance that the garment accessory 700 is a separate piece from the garment with which it is worn. (0091] As illustrated in FIG. 3, the first face 102 and a second face 104 are formed from a single cut of :fabric to avoid seams along the shoulder and upper arm portions. Further, in the illustrated example, thefustface102, or low-cut side 102 is formed from the joining of two corresponding halves 132 and 134. To construct the garment accessmy, the sleeves 106 and sides of the garment accessory 100 are then formed to by joining the sleeve 106 portion of the fabric by a seam 120 located on the underside of 1he sleeves that extends to along the sides (see FIGS. 4 and 5). The first face 102 and second face 104 are then designed to encircle the torso by attachment to lhe elastic band 110, which may or may not include a closure device 240 (see FIG.15). Alternatively, the first face 102 and a second face 104 may be formed from two reverse cuts of fabric, in which case, both the first face 102 and second face 104 may include opposing halves, similar to the halves 132 and134, which may be joined together at the elastic band 110. In this case, the halves may be joined to cross-over, as illustratedinconnectionwithFIGS.17 and18below.Further, the neckline 136 created by the first face 102 and second face 104 may further include elastic trim. Similarly, elastic trim may be placed at 1he ends 114 of the sleeves 106. (0092] In the examples provided above, two examples of a full coverage face 104,203, 304, 404 are illustrated; however, those skilled in the art will recognize that other styles of fuller coverage faces made be designed of varying necklines and levels of cleavage exposure. For example, the necklines may be designed to be rounder or squarer than those in 1he provided illustratious. In one example, the fuller coverage side is formed from a unitary piece of material having a swooping neckline, while in an alternatively illustrated designs, the fuller coverage side is constructed of two opposing pieces of fabric crossing one another at the middle. Other variation on the neck-line may be employed in the full coverage side 104, 204, 304,404 of the garment accessory 100, 200, 300 and400 without departing from the invention.


US 2010/0199403 A1

(0093] Similarly, two examples of a low-cut face 102, 202, 302, 402 are illustmted; however, those skilled in the art will recognize that other styles oflow-cut faces may be designed of vmying necklines and levels of cleavage coverage. In one example, the low-cut side is formed :from two opposing pieces or halves that are separated from one another at the middle to fully expose a woman's cleavage when worn with the low-cut side on the front. In alternative designs, the separation between the two opposing pieces may be very small, may meet, or even slightly overlap to provide a small amount of coverage over a woman's cleavage when worn with the lowcut side on the front. Again, other variation on the neck-line may be employed in the low-cut side 102, 202,302,402 of the garment accessory 100, 200, 300 and 400 without departing from the invention (e.g., the necklines may be designed to be rounder or squarer than those in the provided illustrations). (0094] The foregoing description has been presented for purposes of illustration and description. It is not exhaustive and does not limit the claimed inventions to 1he precise form disclosed. Modifications and variations are possible in light of the above description or may be acquired from practicing the invention. The claims and their equivalents define the scope of the invention.

!claim: l.Areversible sleeved garment accessory to be worn under

a garment by a wearer, the garment accessory comprising: a circular torso member having a first fuce section and a

second face section and two opposing sleeve members extending from the circu1ar torso member, where the first face section provides minimal coverage and the second face section providing fuller coverage such that the garment can be worn ei1herwith the first face section or the second face second over the chest of the wearer as needed to conceal the garment accessory under an overlying garment depending upon the neckline cut of 1he overlying garment.

2. The garment accessory of claim 1 where the circular torso member is made of a thin, light wear, sheer stretch material.

3. The garment accessory of claim 1 where the circular torso member is made at least partially from a lycralspandex blend.

4. The garment accessory of claim 1 where the circular torso member is made entirely of four-way stretch material and having no seam separating the sleeves from the shoulder/ bodice part of the garment. j

8 Aug. 12,2010

5. The garment accessory of claim 1 where the circu1ar torso member is made entirely of a two-way stretch material and having no seam separating the sleeves :from the shoulder/ bodice part of the garment

6. The garment accessory of claim 1 further including an elastic member that encircles the garment.

7. The garment accessory of claim 6, where the elastic member is secured with a closure device.

8. The garment accessory of claim 1 further including a bodice portion extending from the circular torso member to cover the midriff of a wearer.

9. The garment accessory of claim 8 where the bodice portion is constructed of a form fitting material.

10. The garment accessory of claim 9, where the form fitting material is a nylon,lycra and/or spandex blend.

11. The garment accessory of claim 10 where the two opposing sleeve members are each joined together from the neckline to the end of the sleeved members via a decorative element.

12. A reversible sleeved garment accessory to be worn under a garment by a wearer, the garment accessory comprising:

a circular torso member having a first face section and a second face section and two opposing sleeve members extending from the circular torso member;

the first face section having two opposing halves creating a V-neckline on the first face section of the garment, whereby the first face section provides minimal coverage to a wearer;

the second face section designed to have create a swooping neck-line on the second face section of the garment, whereby the first face section provides fuller coverage to a wearer;

an elastic band affixed to the circular torso member, the elastic band having a closure section positioned along the elastic band between the two opposing halves of the first face section.

13. The garment accessory of claim 12 where the garment accessory is made entirely of four-way stretch material and having no seam separating the sleeves from the shoulder/ bodice part of the garment.

* * * * *


EXHIBIT D

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• Blends with any outfit

• Conceals wrinkles, flab, unsightly blemishes

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• Arms look thinner, slimmer instantly

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Customer Service +- Home Page I Order Now! ~

Return Polley Please send all returns to: Amazing Arms 10303 Norris Ave., Pacoima CA 91331

*Please allow 10 days from receipt of your return for credit to be processed.

Amazing Arms is committed to providing the best products and friendliest customer service. If you should have any questions about ordering or a question about any of our great products, please feel free to contact us with the information provided below.

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RKavalec

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35 U.S.C. Section 1, 28 U.S.C Section 1331 and 1338(a).


I.

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO

Civil Categories: (Please check one categorv only).

1. [Z] 2. D 3. D

General Civil Administrative Review/Social Security Habeas Corpus Death Penalty

*If under Title 28, §2255, name the SENTENCING JUDGE:

CASE NUMBER:

II. RELATED OR REFILED CASES. See LR 3.1 which provides in pertinent part: "If an action is filed or removed to this Court and assigned to a District Judge after which it is discontinued, dismissed or remanded to a State court, and subsequently refiled, it shall be assigned to the same Judge who received the initial case assignment without regardfor the place of holding court in which the case was refiled. Counsel or a party without counsel shall be responsible for bringing such cases to the attention of the Court by responding to the questions included on the Civil Cover Sheet."

This action is ORELA TED to another PENDING civil case. This action is D REFILED pursuant to LR 3.1.

If applicable, please indicate on page 1 in section VIII, the name of the Judge and case number.

Ill. In accordance with Local Civil Rule 3.8, actions involving counties in the Eastern Division shall be filed at any of the divisional offices therein. Actions involving counties in the Western Division shall be filed at the Toledo office. For the purpose of determining the proper division, and for statistical reasons, the following information is requested.

ANSWER ONE PARAGRAPH ONLY. ANSWER PARAGRAPHS 1 THRU 3 IN ORDER. UPON FINDING WHICH PARAGRAPH APPLIES TO YOUR CASE, ANSWER IT AND STOP.

(1) Resident defendant. If the defendant resides in a county within this district, please set forth the name of such county COUNTY: Corporation For the purpose of answering the above, a corporation is deemed to be a resident of that county in which it has its principal place of business in that district.

(2) Non-Resident defendant. If no defendant is a resident of a county in this district, please set forth the county wherein the cause of action arose or the event complained of occurred.

COUNTY:

(3) Other Cases. If no defendant is a resident of this district, or if the defendant is a corporation not having a principle place of business within the district, and the cause of action arose or the event complained of occurred outside this district, please set forth the county of the plaintiff's residence.

COUNTY:

IV. The Counties in the Northern District of Ohio are divided into divisions as shown below. After the county is determined in Section Ill, please check the appropriate division.

EASTERN DMSION

D AKRON 0 CLEVELAND

D YOUNGSTOWN

WESTERN DIVISION

D TOLEDO

(Counties: Carroll, Holmes, Portage, Stark, Summit, Tuscarawas and Wayne) (Counties: Ashland, Ashtabula, Crawford, Cuyahoga, Geauga, Lake,

Lorain, Medina and Richland) (Counties: Columbiana, Mahoning and Trumbull)

(Counties: Allen, Auglaize, Defiance, Erie, Fulton, Hancock, Hardin, Henry, Huron, Lucas, Marion, Mercer, Ottawa, Paulding, Putnam, Sandusky, Seneca VanWert, Williams, Wood and Wyandot)

AO 440 (Rev. 12/09) Summons in a Civil Action

UNITED STATES DISTRICT COURTfor the

__________ District of __________

)))))))

Plaintiff

v. Civil Action No.

Defendant

SUMMONS IN A CIVIL ACTION

To: (Defendant’s name and address)

A lawsuit has been filed against you.

Within 21 days after service of this summons on you (not counting the day you received it) — or 60 days if youare the United States or a United States agency, or an officer or employee of the United States described in Fed. R. Civ.P. 12 (a)(2) or (3) — you must serve on the plaintiff an answer to the attached complaint or a motion under Rule 12 ofthe Federal Rules of Civil Procedure. The answer or motion must be served on the plaintiff or plaintiff’s attorney,whose name and address are:

If you fail to respond, judgment by default will be entered against you for the relief demanded in the complaint. You also must file your answer or motion with the court.

CLERK OF COURT

Date:Signature of Clerk or Deputy Clerk


AO 440 (Rev. 12/09) Summons in a Civil Action (Page 2)

Civil Action No.

PROOF OF SERVICE

(This section should not be filed with the court unless required by Fed. R. Civ. P. 4 (l))

This summons for (name of individual and title, if any)

was received by me on (date) .

’ I personally served the summons on the individual at (place)

on (date) ; or

’ I left the summons at the individual’s residence or usual place of abode with (name)

, a person of suitable age and discretion who resides there,

on (date) , and mailed a copy to the individual’s last known address; or

’ I served the summons on (name of individual) , who is

designated by law to accept service of process on behalf of (name of organization)

on (date) ; or

’ I returned the summons unexecuted because ; or

’ Other (specify):

.

My fees are $ for travel and $ for services, for a total of $ .

I declare under penalty of perjury that this information is true.

Date:Server’s signature

Printed name and title

Server’s address

Additional information regarding attempted service, etc:




__________ District of __________

)))))))

Plaintiff

v. Civil Action No.

Defendant






CLERK OF COURT




Civil Action No.

PROOF OF SERVICE





on (date) ; or






on (date) ; or



.





Server’s address





__________ District of __________

)))))))

Plaintiff

v. Civil Action No.

Defendant






CLERK OF COURT




Civil Action No.

PROOF OF SERVICE





on (date) ; or






on (date) ; or



.





Server’s address





__________ District of __________

)))))))

Plaintiff

v. Civil Action No.

Defendant






CLERK OF COURT




Civil Action No.

PROOF OF SERVICE





on (date) ; or






on (date) ; or



.





Server’s address



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