runberg v. victoria's secret - complaint

8/20/2019 Runberg v. Victoria's Secret - Complaint

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UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF NEW YORK

____________________________________:

RUNBERG, INC. d/b/a ZEPHYRS, ::Plaintiff, :

:v. :

: ______ CIV. _______VICTORIA’S SECRET STORES, INC., :VICTORIA’S SECRET STORES LLC, :VICTORIA’S SECRET STORES :

BRAND MANAGEMENT, INC., : JURY TRIAL DEMANDED VICTORIA’S SECRET DIRECT LLC, :LIMITED BRANDS, INC., and :SUPPLIER JOHN DOE 1, :

:::

Defendants. : ____________________________________:

COMPLAINT

PLAINTIFF RUNBERG, INC. D/B/A ZEPHYRS (“Zephyrs” or “the Plaintiff”), by its

counsel the GIOCONDA LAW GROUP PLLC hereby complains and alleges against DEFENDANTS

VICTORIA’S SECRET STORES, INC., VICTORIA’S SECRET STORES LLC, VICTORIA’S

SECRET STORES BRAND MANAGEMENT, INC., VICTORIA’S SECRET DIRECT LLC,

LIMITED BRANDS, INC. (collectively, the “Victoria’s Secret Defendants”), and SUPPLIER

JOHN DOE 1 (“Supplier John Doe 1”), as follows:

Case 1:16-cv-00539 Document 1 Filed 01/25/16 Page 1 of 26


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NATURE OF THE ACTION AND PATENTS-IN-SUIT

1. This lawsuit is an action for patent infringement arising under the patent laws of

the United States, 35 U.S.C. §§ 1 et seq., seeking preliminary and permanent injunctive relief,

monetary damages, attorneys’ fees and costs for the Defendants’ willful patent infringement in

violation of U.S. Utility Patent No. RE45838E. This lawsuit also seeks damages for the

Defendants’ willful patent infringement in violation of U.S. Utility Patent No. 8,216,021 B1

(attached hereto as Exhibits 1 and 2, respectively) (hereinafter, “Zephyrs’ Patents”).

2. This lawsuit also seeks a Declaratory Judgment and Order directing the United

States Patent and Trademark Office (“USPTO”) to correct the named inventorship of U.S.

Design Patent No. D655,476 S1 (the “VS Push Up Design Patent”, attached as Exhibit 3), to

reflect that the proper inventor of the design depicted in the VS Push Up Design Patent is Debra

MacKinnon, the principal of the Plaintiff. This lawsuit also seeks an Order transferring

ownership of the VS Push Up Design Patent to the Plaintiff.

3. Furthermore, this lawsuit seeks a Declaratory Judgment and Order transferring

ownership of registered Canadian Industrial Design Patent Reg. No. 136170 (attached hereto

as Exhibit 4) (“the VS Canadian Push Up Design Patent”) to the Plaintiff.

4. Finally, this lawsuit seeks monetary damages from the Defendants disgorging the

unjust enrichment that is a result of the erroneous inventorship complained of herein.

PARTIES

5. PLAINTIFF RUNBERG, INC. D/B/A ZEPHYRS (“Zephyrs”) is a New York

corporation having its principal place of business at 306 Jersey Avenue, Spring Lake NJ 07762.

Debra MacKinnon has previously assigned all rights, title and interest to Zephyrs’ Patents to the

Plaintiff.



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6. Upon information and belief, DEFENDANT VICTORIA’S SECRET

STORES, INC. is a Delaware corporation with a principal place of business located at Four

Limited Parkway East, Reynoldsburg, Ohio 43068.

7. Upon information and belief, DEFENDANT VICTORIA’S SECRET STORES

LLC is a Delaware limited liability company with a principal place of business located at Four


8. Upon information and belief , DEFENDANT VICTORIA’S SECRET STORES

BRAND MANAGEMENT, INC. is a Delaware corporation with a principal place of business

located at Five Limited Parkway East, Reynoldsburg, Ohio 43068.

9. Upon information and belief, DEFENDANT VICTORIA’S SECRET DIRECT

LLC is a Delaware limited liability company with a principal place of business located at Four


10. Upon information and belief, DEFENDANT LIMITED BRANDS, INC. is a

Delaware corporation with a principal place of business located at Three Limited Parkway,

Columbus, Ohio 43230. Upon information and belief, Defendant Limited Brands, Inc. is directly

and/or indirectly involved in managing the retail and online business of the other Victoria’s

Secret Defendants.

11. Upon information and belief, DEFENDANT SUPPLIER JOHN DOE 1 is an

unnamed, unidentified entity that actively supplies, manufactures and/or distributes the

Victoria’s Secret Defendants’ Infringing Products, complained of herein.



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JURISDICTION AND VENUE

12. This is an action for patent infringement arising under the patent laws of the

United States, 35 U.S.C. § 271, §§ 1331 and 1338(a). This is also an action for correction of

patent inventorship arising under the patent laws of the United States, 35 U.S.C. § 256.

13. This Court has personal jurisdiction over each of the Defendants as they have

regularly transacted business in New York, regularly done or solicited business in New York,

contracted to supply products in New York, derived substantial revenues from products sold and

used in New York, and/or sold the infringing products in New York or offered the infringing

products for sale in New York and in this Judicial District. Venue in this District is, therefore,

proper under 28 U.S.C. §§ 1391(b) and 1391(c).

RELEVANT FACTUAL BACKGROUND

Zephyrs and the Inventor’s Background

14. Debra MacKinnon, the principal of Zephyrs and the inventor (the “Inventor”) of

the technology at issue here, has many years of experience in the fashion and accessory industry.

15.

Zephyrs is a small, woman-owned company.

16. Zephyrs is a designer and supplier of high quality intimate apparel, including

women’s lingerie, hosiery and fashion accessories such as the Kidney-Shaped Push Up Inserts at

issue in this case.

17. While visiting the International Lingerie Show in Paris, France on January 24-27,

2008, Ms. MacKinnon first independently conceived the idea of a Kidney Shaped Silicone Push

Up Insert.

18. Ms. MacKinnon’s inventive concept was to develop a true anatomically correct

push up insert to create lift and cleavage while maintaining a natural appearance underneath



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clothing.

19. Ms. MacKinnon had discovered that there existed a commercial need for a soft

shaping insert that is anatomically designed to conform and push up the breasts, thereby

increasing volume and cleavage, while providing a natural shape.

20. Ms. MacKinnon thus invented a novel Kidney-Shaped Push Up Insert that would

embody this unique invention (the “Invention”, see Figures 1 – 3 below):

FIG. 1

FIG. 2



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FIG. 3

21. At that time, the push up inserts sold in the retail marketplace were fairly generic,

and were sold by many large retailers, such as Wal-Mart and Victoria’s Secret, at prices ranging

from $20.00 to $58.00 per pair.

22. Ms. MacKinnon’s idea was to create a unique product to sell to Victoria’s Secret,

with whom she already had an established working relationship and was supplying a wide

variety of products.

23. Upon returning to the United States, at its own expense, Zephyrs commissioned

the services of a sculptor to make a series of plaster molds, to create prototypes of the Kidney

Shaped Push Up Inserts that she had invented.



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24. Prototypes created from these molds were tested on various models by Zephyrs to

determine where best to locate the volume and where to taper the edges.

25. Over the course of several months, Ms. MacKinnnon laboriously created more

than twenty (20) iterations before finally arriving at the final prototype, each version of which

further reduced the invention to practice.

26. The final plaster mold was dispatched by Zephyrs to Bridge Chip Company,

Zephyrs’ Chinese supplier (“Bridge Chip”) in February 2008 to produce products made of ultra

soft silicone.

27.

On February 13, 2008, Bridge Chip informed Ms. MacKinnon that its factory

would be closed for the Chinese New Year, and would not reopen until February 16, 2008.

28. Bridge Chip confirmed the earliest time that it could complete producing a sample

would be February 27, 2008, which would have been too late to receive in time for Ms.

MacKinnon’s planned meeting with the Victoria’s Secret Defendants in Columbus, Ohio on

March 4, 2008.

29.

On or about March 4, 2008, Ms. MacKinnon met in person with Ms. Heather

Naughton and Ms. Laurie Jeannine Wirgler at Victoria’s Secret’s headquarters in Columbus,

Ohio, and first presented foam mockups of Ms. MacKinnon’s Invention.

30. Ms. MacKinnon informed Ms. Naughton and Ms. Wirgler during the March 4,

2008 meeting that prototypes were currently being developed, but that the factory was closed for

the Chinese New Year, and that Zephyrs would later forward a finished rendition.

31. Ms. MacKinnon again described the concept of her invention in writing to

Victoria’s Secret on June 11, 2008: “This is a true anatomically designed Push Up unlike other

products in the market which create volume only.”



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32. Furthermore, Bridge Chip, Zephyrs’ Chinese factory experienced difficulty in

producing the Kidney Shaped Push Up Inserts according to Zephyrs’ precise specifications, due

to the nature of the silicone material that is poured into the molds.

33. Consequently, Zephyrs did not approve the final samples until July 2, 2008.

34. On July 18, 2008, Zephyrs wrote to Ms. Wirgler that Zephyrs had “sent [her] the

only complete set of Engineered Push Ups and our original sample…”

35. Attached to that e-mail were files in .PDF form with details for the Engineered

Push Ups.

36.

On July 22, 2008, Ms. Wirgler responded in writing, thanking Zephyrs.

37. Zephyrs wrote to Victoria’s Secret on July 25, 2008, informing Victoria’s Secret

that Zephyrs, through its own outside patent counsel, was preparing to file a provisional patent

application, and that Zephyrs would be happy to offer Victoria’s Secret an exclusive license for

the lifetime of the product: “We have already filed a provision patent application for this item.

We would be happy to offer VS an exclusive domestic license for the lifetime of the product,

however this would require a commitment to patent fees, development costs and minimum order

quantities.”

38. Indeed, on behalf of Zephyrs, the law firm of McDermott, Will & Emery LLP

(“McDermott”) filed a provisional utility patent application on the original shaping insert design

on July 31, 2008.

39. Ms. MacKinnon wrote to Victoria’s Secret making absolutely clear: “The

Engineered Push Up is an original concept created by Zephyrs.”

40. Zephyrs and Ms. MacKinnon have always owned the entire right and title to the

Invention.



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41. During all the in-person meetings with Ms. Wirgler and Ms. Naughton in

Columbus, Ohio, Ms. MacKinnon continued to express her belief that the invention was entirely

her own invention and intellectual property, and that Zephyrs was interested in offering an

exclusive license to Victoria’s Secret for the commercial embodiment of the invention, not

jointly owning any patents on her Invention.

42. Ms. MacKinnon also informed Victoria’s Secret that Zephyrs had already retained

its own outside counsel (McDermott) to prosecute a utility patent application, and Zephyrs

provided the provisional patent application to Victoria’s Secret.

43.

Consequently, Victoria’s Secret participated in a meeting with its own in-house

and New York patent counsel, and Zephyrs was required to produce all documents pertaining to

Zephyrs’ independent development of the product, which Zephyrs did in good faith.

44. During the New York meeting with the Victoria’s Secret’s counsel, neither Ms.

Naughton nor Ms. Wirgler were able to produce documents to Zephyrs or Victoria’s Secret’s

Counsel demonstrating any input from these Victoria’s Secret employees to the Invention.

45.

In good faith, Zephyrs shared copies of its pending provisional utility patent

application with Victoria’s Secret’s Counsel at that time.

46. Victoria’s Secret’s Counsel appeared to elect not to pursue the matter further, and

later, Victoria’s Secret placed significant purchase orders for supply of the product covered by

the Invention.

47. With Victoria’s Secret’s approval and awareness, Zephyrs invested its own

employees’ time and its own money in retaining outside counsel to protect Ms. MacKinnon’s

Invention with a utility patent filed at its own substantial expense.

48. The Invention claimed in Zephyrs’ provisional utility patent application (and the



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Invention that was later claimed in the ‘021 Patent) were entirely conceived and reduced to

practice by Ms. MacKinnon as the only properly named Inventor.

49. This application was duly examined by the USPTO, which ultimately issued U.S.

Patent No. 8,216,021 B1 on July 10, 2012 (the “’021 Patent”).

50. The ‘021 Patent was infringed by the Victoria’s Secret Defendants.

51. Subsequently, in 2013, the Plaintiff discovered errors in the language describing

certain ratios depicted in the ‘021 Patent.

52. These errors were brought to the attention of the USPTO by the timely filing of a

Reissue Application.

53. The Plaintiff incurred significant expenses and legal fees clarifying the claims of

the ‘021 Patent.

54. Claims in the ‘021 Patent have now been clarified by the USPTO, and the ‘021

Patent reissued as RE45838E on January 12, 2016.

The Defendants’ Infringing Products

55.

The specific identity of the Victoria’s Secret Defendants’ supplier is not yet

known, but this unknown supplier represents yet another party who has infringed upon Zephyrs’

Patents.

56. On information and belief, the Victoria’s Secret Defendants own and/or manage

approximately 1,000 retail stores in all fifty states, through which they do substantial business.

57. Through the Victoria’s Secret print catalog and online distribution through

VictoriasSecret.com, the Victoria’s Secret Defendants reach more than 390 million customers

each year.



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58. The infringing products are sold by the Victoria’s Secret Defendants under the

Victoria’s Secret brand “STYLE SECRETS SHAPING INSERTS,” Item # SH-313-762 (Exhibit

5):

Victoria’s Secret “Style Secrets” Shaping InsertsPackaging

(Front View)

Victoria’s Secret “Style Secrets” Packaging(Reverse View)



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FIG. 4

59.

While the ‘021 Patent application was still pending before the USPTO, from

September 30, 2011 to July 12, 2012, Zephyrs supplied tens of thousands of packages of the

Kidney Shaped Push Up Inserts to the Victoria’s Secret Defendants.

60. The Victoria’s Secret Defendants sold these Kidney Shaped Push Up Inserts

through their network of stores and on their website to consumers at $58.00 per package.

61. In August 2012, the Victoria’s Secret Defendants purported to “terminate” an

agreement with Zephyrs based on disagreements.

62. Simultaneously, Zephyrs filed a federal lawsuit against the Victoria’s Secret

Defendants.



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63. That case was captioned Runberg, Inc. d/b/a Zephyrs v. Victoria’s Secret Stores,

Inc., et al., United States District Court for the Southern District of Ohio, Eastern Division, Case

No. 2:12-CV-722 (the “Prior Lawsuit”).

64. The Complaint in the Prior Lawsuit accused the Victoria’s Secret Defendants of

intentionally breaching the parties’ agreement, by:

a. Committing false advertising by misleading consumers about the nature andquality of the hosiery products that they were offering for sale as those designedand previously supplied by Zephyrs, by falsely depicting Zephyrs’ products on the packaging, when they were accused of selling cheaper, lower quality “knockoffs”;

b. materially breaching the written Amended Master Sourcing agreement withZephyrs by, inter alia, directly contacting Zephyrs’ suppliers, and by unlawfullyusing Zephyrs’ proprietary information when doing so, in order to reduce oreliminate the volume of sales conducted through Zephyrs; and

c. delaying processing usual orders, until and unless Zephyrs acceded to a variety ofunreasonable demands. One particular demand included the parties entering intoa new agreement under which Zephyrs would be required to cede ownership of itsown proprietary information, patents and other intellectual property.

65. The Victoria’s Secret Defendants denied each of these allegations, and filed a

Counterclaim against the Plaintiff alleging that Zephyrs had breached the same agreement.

66. In its Counterclaim, Victoria’s Secret alleged, inter alia, that the Plaintiff had

failed to comply with its brand standards and cited various audits of Zephyrs’ facilities.

67. While the ‘021 Patent was not part of the Prior Lawsuit, during the course of

communications in the Prior Lawsuit, Zephyrs became concerned that the Victoria’s Secret

Defendants might later choose to infringe upon the Plaintiff’s valid and enforceable U.S. patent

rights in the Invention.

68. Specifically, Zephyrs had become concerned that the Victoria’s Secret Defendants

might later ask a new supplier to slavishly copy and effectively “knock off” the unique patented

shaping inserts that she had previously supplied to them.



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69. Consequently, even though the Victoria’s Secret Defendants were clearly already

aware of the existence of the ‘021 Patent from prior communications, Zephyrs’ outside counsel

again placed the Victoria’s Secret Defendants on formal notice of the Plaintiff’s concern about

this prospect of patent infringement on September 12, 2012, by writing a formal letter to the

Victoria Secret Defendants’ outside counsel, stating:

To the extent that Victoria’s Secret apparently intends to sell third parties’ gel-

shaping inserts, we would like to bring the attached U.S. Patent No. 8,216,021 owned

by our client to your attention, to ensure that your clients do not infringe it directly

or indirectly.

70. A hard copy of the ‘021 Patent was provided to the Victoria’s Secret Defendants’

outside counsel at that time.

71. The Victoria’s Secret Defendants never responded to this assertion.

72. At no time have the Victoria’s Secret Defendants ever claimed that the ‘021

Patent was invalid.

73.

At no time have the Victoria’s Secret Defendants ever claimed that Zephyrs’

Patents were invalid.


Patent was unenforceable.

75. At no time have the Victoria’s Secret Defendants ever claimed that Zephyrs’

Patents were unenforceable.


Patent did not properly name Debra MacKinnon as the sole inventor.

77. At no have the Victoria’s Secret Defendants ever claimed that Zephyrs’ Patents

did not properly name Debra MacKinnon as the sole inventor.



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78. The Victoria’s Secret Defendants never sought or received any license, express or

implied, to practice the ‘021 Patent from the Plaintiff.

79. The Victoria’s Secret Defendants never sought or received any license, express or

implied, to practice any of Zephyrs’ Patents.

80. Subsequently, the parties to the Prior Lawsuit decided to dismiss their pending

claims and counterclaims with prejudice.

81. At the time that the pending claims and counterclaims in the Prior Lawsuit were

dismissed with prejudice, the parties made it clear to the Court and to one another that the mutual

releases that were exchanged and the dismissal related solely to the breach of contract claims

actually asserted in the Complaint and Counterclaim.

82. On the record before the District Court, the parties expressly reserved their rights

with regard to any unasserted, potential future patent disputes that might arise between them.

83. Nonetheless, the Victoria’s Secret Defendants have apparently chosen to slavishly

copy the Invention, without paying any royalty or receiving any express or implied licenses to

the Zephyrs Patents.

84. The Kidney-Shaped Push Up Inserts are being sold by the Victoria’s Secret

Defendants in the same packaging under their brand STYLE SECRETS, and for the same price

to customers, in their stores and on their website.

85. The products currently being sold by the Victoria’s Secret Defendants are slavish

copies, and infringe upon Zephyrs’ Patents.

86. Below are comparisons between the figures included in Zephyrs’ Patents, and the

Victoria’s Secret Defendants’ Kidney-Shaped Push Up Inserts:



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Figure 3 from U.S. Patent No. RE45838E(Main Surface)

Victoria’s Secret’s Kidney-Shaped Push UpInsert (Main Surface)

Figure 6 from U.S. Patent No. RE45838E(Isometric Reverse View)

Victoria’s Secret’s Kidney-Shaped Push UpInsert (Isometric Reverse View)

Figure 18 from U.S. Patent No. RE45838E Victoria’s Secret’s Kidney-Shaped Push UpInsert



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Damages to Zephyrs from the Victoria’s Secret Defendants’ Conduct

87. The Victoria’s Secret Defendants have sold, and continue to sell, the infringing

Kidney Shaped Push Up Inserts to consumers for $58.00 at retail. See Exhibit 5.

88. Furthermore, on information and belief, Supplier John Doe 1, the Victoria’s

Secret Defendants’ unknown supplier, is manufacturing, distributing and selling the infringing

Kidney Shaped Push Up Inserts.

89. No royalties whatsoever have been paid to the Plaintiff or the Inventor for these

profitable sales, thus unjustly and unlawfully enriching the Defendants at the Plaintiff’s expense.

The Victoria’s Secret Defendants’ Willfulness

90. Upon information and belief, all the Defendants have attempted to unlawfully

increase their profits by, inter alia, infringing upon Zephyrs’ Patents without paying any royalty

or receiving any express or implied license from the Plaintiff.

91. Furthermore, the Victoria’s Secret’s Defendants have profited unlawfully by

erroneously claiming ownership of the Plaintiff’s Invention in the Kidney Shaped Push Up

Inserts.

Erroneous Inventorship Claimed In the U.S. Design Patent

92. The Victoria’s Secret Defendants’ law firm filed a design patent application with

the USPTO on March 31, 2010, namely U.S. Design Patent Application No. US 29/349,417.

93. The VS Push Up Design Patent erroneously named Laurie Jeannine Wirgler and

Heather Naughton, the two Victoria’s Secret Defendants’ employees to whom Ms. MacKinnon

had disclosed the Invention, as the inventors.

94. On information and belief, Laurie Jeannine Wirgler and Heather Naughton

assigned the VS Push Up Design Patent to Defendant Victoria’s Secret Brand Management, Inc.



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95. The VS Push Up Design Patent application erroneously omitted Debra

MacKinnon as the inventor.

96. Instead, VS’ Push Up Design Patent application erroneously named Laurie

Jeannine Wirgler and Heather Naughton as inventors. See Exhibit 3.

Erroneous Inventorship Claimed In the Defendants’ Canadian Patent

97. Furthermore, on or about June 30, 2010, the Victoria’s Secret Defendants’

correspondent law firm filed a formal industrial design application with the Canadian Patent

Office, which became Canadian Patent Registration No. 136170 on or about January 27, 2011.

98.

The VS Canadian Push-Up Design Patent application erroneously omitted Debra

MacKinnon as the inventor.

99. The VS Canadian Push-Up Design Patent application erroneously named Laurie

Jeannine Wirgler and Heather Naughton as the only inventors. See Exhibit 4.

FIRST CAUSE OF ACTION

(AGAINST ALL DEFENDANTS)

INFRINGEMENT OF ZEPHYRS’ RE45838E PATENT

IN VIOLATION OF 35 U.S.C. § 271

100. The Plaintiff realleges and incorporates by reference the allegations of Paragraphs

1 to 99 of this Complaint as though fully set forth herein.

101. Upon information and belief, in violation of 35 U.S.C. § 271, the Defendants are

and have been directly infringing, contributing to the infringement of, and/or inducing others to

infringe Zephyrs’ RE45838E Patent by making, using, selling, and/or offering to sell in the

United States, or importing into the United States, products or processes that practice the

inventions claimed in the RE45838E Patent.



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102. As a result of the Defendants’ unlawful infringement of the RE45838E Patent, the

Plaintiff has suffered and will continue to suffer damages.

103. The Plaintiff is entitled to recover from the Defendants the damages suffered by it

as a result of their unlawful acts.

104. On information and belief, the Defendants intend to continue their unlawful

infringing activities, and the Plaintiff continues to and will continue to suffer irreparable harm -

for which there is no adequate remedy at law - from such unlawful infringing activities unless

this Court enjoins the Defendants from further infringing activities.

SECOND CAUSE OF ACTION

(AGAINST ALL DEFENDANTS)

PAST INFRINGEMENT OF ZEPHYRS’ U.S. PATENT 8,216,021 B1

IN VIOLATION OF 35 U.S.C. § 271



106. Upon information and belief, in violation of 35 U.S.C. § 271, the Defendants

directly infringed, contributing to the infringement of, and/or induced others to infringe Zephyrs’

U.S. Patent 8,216,021 by making, using, selling, and/or offering to sell in the United States, or

importing into the United States, products or processes that practice the inventions claimed in the

‘021 Patent.

107. As a result of the Defendants’ unlawful infringement of the ‘021 Patent, the

Plaintiff has suffered damages.





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THIRD CLAIM FOR RELIEF

CORRECTION OF INVENTORSHIP OF

U.S. DESIGN PATENT D655,476 S1

PURSUANT TO 35 U.S.C. § 256

(AGAINST DEFENDANT

VICTORIA’S SECRET STORES BRAND MANAGEMENT, INC.)



110. As described herein, U.S. Design Patent No. D655,476 S1 erroneously lists

Heather Naughton and Laura Jeannine Wirgler, and not Debra MacKinnon, as inventors.

111.

Debra MacKinnon is the only proper inventor that should have been named as the

rightful inventor of U.S. Design Patent No. D655,476 S1.

112. On information and belief, on or about March 31, 2010, Heather Naughton

executed a written assignment, purporting to assign all right, title and interest to U.S. Design

Patent No. D655,476 S1 to Defendant Victoria’s Secret Stores Brand Management.

113. On information and belief, on or about April 30, 2010, Laura Jeannine Wirgler

executed a written assignment, purporting to assign all right, title and interest in U.S. Design

Patent No. D655,476 S1 to Defendant Victoria’s Secret Stores Brand Management, Inc.

114. On information and belief, on or about June 21, 2010, Defendant Victoria’s Secret

Stores Brand Management, Inc.’s correspondent, Ward & Olivo, 382 Springfield Avenue,

Summit NJ 07901, filed both such Assignments with the USPTO

115.

For all the foregoing reasons, the Plaintiff seeks a Certificate, pursuant to 35

U.S.C. § 256, to correct the inventorship of U.S. Design Patent No. D655,476 S1 to reflect that

Debra MacKinnon is the only rightful inventor.



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FOURTH CAUSE OF ACTION

DECLARATORY JUDGMENT OF INVALIDITY OF PATENT ASSIGNMENTS OF

U.S. DESIGN PATENT D655,476 S1 UNDER 28 U.S.C. § 2201(a)

(AGAINST DEFENDANTVICTORIA’S SECRET STORES BRAND MANAGEMENT, INC.)



117. As described herein, U.S. Design Patent No. D655,476 S1 erroneously lists

Heather Naughton and Laura Jeannine Wirgler, and not Debra MacKinnon, as the only inventors.

118.

Debra MacKinnon is the only inventor that should have been named as the

rightful inventor of U.S. Design Patent No. D655,476 S1.

119. On information and belief, on or about March 31, 2010, Heather Naughton


Patent No. D655,476 S1 to Defendant Victoria’s Secret Stores Brand Management.

120. On information and belief, on or about April 30, 2010, Laura Jeannine Wirgler


Patent No. D655,476 S1 to Defendant Victoria’s Secret Stores Brand Management, Inc.

121. On information and belief, on or about June 21, 2010, Defendant Victoria’s Secret

Stores Brand Management, Inc.’s correspondent, Ward & Olivo, 382 Springfield Avenue,

Summit NJ 07901, filed both such Assignments with the USPTO

122. For all the foregoing reasons, pursuant to 28 U.S.C. § 2201(a), the Plaintiff seeks

a Declaratory Judgment that these assignments executed by the named inventors and filed with

the USPTO were invalid ab initio.



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FIFTH CAUSE OF ACTION

DECLARATORY JUDGMENT OF OWNERSHIP OF

U.S. DESIGN PATENT D655,476 S1 UNDER 28 U.S.C. § 2201(a)

(AGAINST DEFENDANTVICTORIA’S SECRET STORES BRAND MANAGEMENT, INC.)



124. For all the foregoing reasons, pursuant to 28 U.S.C. § 2201(a), the Plaintiff seeks

a Declaratory Judgment that it is the only rightful owner of U.S. Design Patent No. D655,476 S1.

SIXTH CAUSE OF ACTION

UNLAWFUL CONVERSION UNDER NEW YORK LAW

(AGAINST THE VICTORIA’S SECRET DEFENDANTS)



126. The conduct of the Victoria’s Secret Defendants as alleged herein violates the

New York common law against conversion, the unlawful exercise of ownership over the tangible

property of the Plaintiff, a New York corporation.

127. U.S. Design Patent No. D655,476 S1 is a tangible manifestation of the intellectual

property rightfully belonging to the Plaintiff.

128. U.S. Canadian Design Patent No. 136170 is a tangible manifestation of the

intellectual property rightfully belonging to the Plaintiff.

129. As a result of the Defendants’ unlawful conduct as complained of herein, the

Plaintiff has suffered and will continue to suffer damages.



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131. On information and belief, the Defendants intend to continue their unlawful

infringing activities, and the Plaintiff continues to and will continue to suffer irreparable harm -

for which there is no adequate remedy at law - from such unlawful infringing activities unless

this Court enjoins the Defendants from further infringing activities.

SEVENTH CAUSE OF ACTION

UNJUST ENRICHMENT UNDER NEW YORK LAW

(AGAINST THE VICTORIA’S SECRET DEFENDANTS)



133. As a result of the Victoria’s Secret Defendants’ unlawful conduct as complained

of herein, the Plaintiff has suffered and will continue to suffer damages.

134. The Plaintiff is entitled to recover from the Victoria’s Secret Defendants the

damages suffered by it as a result of their unlawful acts.

135. On information and belief, the Victoria’s Secret Defendants intend to continue

their unlawful infringing activities, and the Plaintiff continues to and will continue to suffer

irreparable harm - for which there is no adequate remedy at law - from such unlawful infringing

activities unless this Court enjoins the Victoria’s Secret Defendants from further infringing

activities.

136. The Victoria’s Secret Defendants have benefitted at the Plaintiff’s expense, by the

conduct complained of herein.



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137. Equity and good conscience require restitution from the Victoria’s Secret

Defendants to the Plaintiff.

138. Therefore, the Plaintiff seeks disgorgement of the Victoria’s Secret Defendants’

profits attributable to the sale of all products claimed by U.S. Design Patent No. D655,476 S1.

139. The Plaintiff also seeks disgorgement of the Victoria’s Secret Defendants’ profits

attributable to the sale of all products claimed by Canadian Design Patent Reg. No. 136170.

PRAYER FOR RELIEF

WHEREFORE, the Plaintiff prays for the following relief:

a.

That the Defendants be declared to have infringed, induced others to infringe

and/or committed acts of contributory infringement with respect to the claims of

Zephyrs’ Patents as alleged above;

b. That the Defendants and their officers, agents, servants, employees, and all those

persons acting or attempting to act in active concert or in participation with them

or acting on their behalf be immediately, preliminarily and permanently enjoined

from further infringement of Zephyrs’ RE45838E Patent;

c. That the Defendants be ordered to account for and pay to Plaintiff all damages

caused to it by reason of their infringement of Zephyrs’ Patents pursuant to 35

U.S.C. § 284;

d. That the Defendants be ordered to pay treble damages for willful infringement of

Zephyrs’ Patents pursuant to 35 U.S.C. § 284;

e. That the inventorship of U.S. Design Patent No. D655,476 S1 be ordered to be

corrected to reflect Debra MacKinnon as the sole rightful inventor;

f. That U.S. Design Patent No. D655,476 S1 be ordered to be transferred to the



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25

Plaintiff and ownership declared in its favor under 28 U.S.C. § 2201(a);

g. That Canadian Registration No. 136170 be ordered to be transferred to the

Plaintiff and ownership declared in its favor;

h. That all unlawful profits attributable to the Victoria’s Secret Defendants’ acts of

unjust enrichment be disgorged and paid to the Plaintiff;

i. That this case be declared exceptional under 35 U.S.C. § 285 and that Plaintiff be

awarded its attorneys’ fees, expenses, and costs incurred in this action;

j. That Plaintiff be granted pre-judgment and post-judgment interest on the damages

caused to it by reason of the Defendants’ infringement of the patents-in-suit;

k. That the Defendants be ordered to pay all costs associated with this action; and

l. That the Plaintiff be granted such other and additional relief as the Court deems

just and proper.



26/109



27/109

EXHIBIT 1

UNITED STATES

REISSUED PATENT

RE 45,838 E

Case 1:16-cv-00539 Document 1-1 Filed 01/25/16 Page 1 of 28


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EXHIBIT 2

UNITED STATES

PATENT

US 8,216,021 B1



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EXHIBIT 3

UNITED STATES

PATENT

US D655,476 S



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1 2 ) United

States

Design Patent 1 0 )

P a t e n t N 0 . :

Naughton

t

a l .

USO0D655476S

US

D 6 5 5 , 4 7 6

S

4 5 )

Date o f P a t e n t : * 1 ,

Mar. 1 3 ,

2012

5 4 )

7 5 )

7 3 )

* * )

2 1 )

2 2 )

5 1 )

5 2 )

5 8 )

5 6 )

PAIR

OF PUSH-UP

BRA

PADS

I n v e n t o r s : H e a t h e r N a u g h t o n , C o l u m b u s , OH

U S ) ;

Laura

J e a n n i n e

W i r g l e r ,

A r d m o r e , PA U

)

A s s i g n e e : V i c t or i a ’ s S e c r e t S t o r e s Brand

M a n a g e m e n t , I n c . , R e y n o l d s b u r g ,

OH

U s )

Term: 14 Years

A p p l .

N o . :

2 9 / 3 4 9 , 4 1 7

F i l e d :

Mar.

3 1 , 2010

LOC 9) Cl. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

02-01

US. l. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

.

D2/706

Field of

Classi?cation Search

. . . . . . . . . . . . . . . . . . . D2/700,

D 2 / 7 0 1 ,

7 0 3 , 7 0 6 , 7 0 7 , 7 0 8 , 7 0 9 , 7 1 8 , 7 2 0 ,

D 2 / 7 2 1 , 7 2 3 , 7 3 1 , 7 3 7 , 7 3 8 ,

8 5 3 , 8 5 7 , 8 6 0 ,

D 2 / 8 6 3 , 8 6 4 ,

9 9 9 ;

2 / 6 7 ,

6 9 ,

1 0 9 , 1 1 3 , 1 1 4 ,

2 / 2 4 4 , 2 4 7 ,

2 4 8 ,

2 4 9 , 2 5 0 , 2 5 1 , 2 5 2 , 2 5 3 ,

2 / 2 5 4 ,

2 6 7 ;

4 5 0 / 1 , 5 4 , 5 5 , 5 6 , 5 7 , 6 5 , 8 9 ;

6 0 2 / 6 7 ;

6 0 4 / 3 0 4 ,

3 8 5 . 1 4 , 3 8 6 , 3 8 8

S e e

a p p l i c a t i o n

? l e f o r c o m p l e t e s e a r c h

h i s t o r y .

References Cited

U . S .

PATENT DOCUMENTS

1 6 2,86 9 A

5/1875 Tallman . . . . . . . . . . . . . . . . . . . . . . . .

. . 450/57

D35,666

S

*

2/1902

Wade

D2/706

2,061,402

A 1 1 /1 936 Hollar . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . 450/53

2 , 3 4 2 , 0 7 6

A

2 / 1 9 4 6 H e r b e n e r

2,578,954 A 12/1951

Van

Leuven, J r .

. . . . . . . . . . . . . . 450/49

2 , 6 6 4 , 5 7 1

A

1 / 1 9 5 4

Kempel

2,793,369 A 5/1957

Panighini . . . . . . . . . . . . . . . . . . . . . .

. . 450/53

2 , 8 3 4 , 3 5 2

A 5 / 1 9 5 8 U l l i a n

2,843,130

A 7/1958 Block

t

a 1 .

. . . . . . . . . . . . . . . . . . . . .

450/34

3,384,091 A 5/1968 Block . . . . . . 450/54

3,399,678 A 9/1968 Faron . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 450/55

3 , 4 9 4 , 3 6 5

A

2 / 1 9 7 0 B e a l s

3 , 6 2 0 , 2 2 2

A

1 1 / 1 9 7 1

B l o c k

D234,445 S * 3/1 975 Greenblatt

. . . . . . . . . . . . . . . . . . .

.. D2/706

4 , 8 1 6 , 0 0 4

A

3 / 1 9 8 9

Emanuel

4 , 9 9 2 , 0 7 4

A

2 / 1 9 9 1 D i a Z

5,050,595 A

9/1 991

Krafft

. . . . . . . . . . . . . . . . . . . . . . . . . . . 607/108

5,098,330 A 3/ 19 9 2

Greenberg

. . . . . . . . . . . . . . . . . . . .

. . 450/55

5 , 3 3 4 , 0 8 2

A

8 / 1 9 9 4

B a r k e r

5 , 3 4 0 , 3 5 2

A

8 / 1 9 9 4 N a k a n i s h i e t a 1 .

5 , 6 9 3 , 1 6 4 A 1 2 / 1 9 9 7 Chang

D400,337

S

* 11/1998

Snyder,

J r . . . . . . . . . . . . . . . . . . . . . . D2/70 1

6 , 1 0 1 , 6 3 0

A

8 / 2 0 0 0 Lee

6 , 2 2 4 , 4 5 8

B1

5 / 2 0 0 1

Chen

6 , 2 8 3 , 8 2 0

B1

9 / 2 0 0 1

Huang

6,361,398

B1* 3/2002

Knapp . . . . . . . . . . . . . . . . . . . . . . . . . .

. . 450/37

6 , 3 6 8 , 1 7 9

B1 4 / 2 0 0 2

Kang

6 , 4 0 2 , 5 8 5

B1 6 / 2 0 0 2

G a t t o

e t

a 1 .

D 4 6 2 , 1 5 3

S 9 / 2 0 0 2

Nadsady

t

a 1 .

6 , 4 4 3 , 8 0 6 B1 9 / 2 0 0 2

F a n g

6 , 5 4 4 , 1 0 0

B1

4 / 2 0 0 3 Nadsady t a 1 .

7,001,241

B2

2/2006 Gorringe e t a 1 .

. . . . . . . . . . . . . . . .

450/81

2010/0029176

A1

2/2010 Chen et a 1 .

. . . . . . .

. . . .

2 0 1 0/0 180358 A1* 7/2010 Drummond

t

a 1 .

. . . . . . . . . . . . . . . . 2/67

* c i t e d by examiner

Primary Exa miner aren E ldridge

Powers

7 4 ) A t t o r n e y , A g e n t , o r Firm ard i n n a ,

LLC

5 7 )

CLAIM

The o r n a m e n t a l d e s i g n f o r a p a i r

o f

p u s h - u p

b r a

p a d s , a s

shown and d e s c r i b e d .

DESCRIPTION

F I G .

1

i s a p e r s p e c t i v e f r o n t view t a k e n from a t o p l e f t s i d e

of

a

p u s h - u p

b r a p a d ;

F I G . 2 i s a f r o n t e l e v a t i o n view t h e r e o f ;

F I G .

3

i s

a r i g h t s i d e e l e v a t i o n v i e w t h e r e o f ;

F I G . 4 i s a l e f t s i d e e l e v a t i o n view t h e r e o f ;

F I G . 5

i s a t o p p l a n v i e w t h e r e o f ;

F I G . 6

i s

a

bottom p l a n view

t h e r e o f ;

FIG. 7

s a r e a r e l e v a t i o n view t h e r e o f ;

F I G . 8 i s

a p e r s p e c t iv e f r o n t

v i e w t a k e n

from h e t o p r i g h t

s i d e

t h e r e o f ; a n d ,

F I G . 9 i s a

f r o n t view

o f two p u s h - u p

b r a p a d s ,

w h e r e i n

t h e

one

on

t h e

r i g h t

b r e a s t

o f

t h e

w e a r e r

i s

t h e

p u s h - u p

b r a

pad

shown i n FIGS. 1 - 8 ,

and

t h e one

on

t h e l e f t b r e a s t of t h e

w e a r e r

b e i n g a m i r r o r image t h e r e o f .

The l o n g - s h o r t - l o n g b r o k e n l i n e s i n t h e d r a w i n g s d e ? n e t h e

bounds o f

t h e

c l a i m e d d e s i g n and form no p a r t t h e r e o f . The

p a r t i a l

human ? g u r e shown n

b r o k e n

l i n e s i n

F I G .

9

i l l u s

t r a t e s

t h e e n v i r o n m e n t

i n

which h e

d e s i g n i s u s e d

and f o r m s

no p a r t

o f

t h e c l a i m e d d e s i g n .

The

s t i p p l i n g

shown

i n

t h e

d r a w i n g s

r e p r e s e n t s s h a d i n g

o f

h e p u s h - u p b r a

p a d .

1 C l a i m ,

9 Drawing

S h e e t s



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US. Patent

M a r . 1 3 , 2 0 1 2 S h e e t 1

o f 9

US D655,476

S

1

I G



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U

. Patent M a r . 1 3 , 2 0 1 2 S h e e t 2 o f 9

US D655,476

S

F I G



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US. Patent

M a r .

1 3 ,

2 0 1 2

S h e e t

3

o f 9

US D655,476 S

F I G . 3



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US. Patent

M a r . 1 3 , 2 0 1 2

S h e e t 4 o f 9

US D655,476

S



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US. Patent

M a r . 1 3 , 2 0 1 2 S h e e t 5

o f 9

US D655,476

S

F I G . 5



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US. Patent

M a r .

1 3 ,

2 0 1 2

S h e e t

6

o f 9

US D655,476 S

F I G .

6



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US. Patent

M a r . 1 3 , 2 0 1 2 S h e e t

7 o f 9

US D655,476

S

F I G . 7



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. Patent M a r . 1 3 , 2 0 1 2 S h e e t 8 o f 9

US D655,476

S



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US. Patent

M a r .

1 3 ,

2 0 1 2

S h e e t

9

o f 9

US D655,476 S

9

I G .

I

I



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EXHIBIT 4

CANADIAN

INDUSTRIAL DESIGN

REGISTRATION

136170



94/109

Details

Third-Party Information Liability Disclaimer

Some of the information on this Web page has been provided by external sources. The Government of Canad

is not responsible for the accuracy, reliability or currency of the information supplied by external sources.

Users wishing to rely upon this information should consult directly with the source of the information.

Content provided by external sources is not subject to official languages, privacy and accessibility

requirements.

Registration number : 136170

Date of Registration :

2011-01-27

Status :

Registered

Title: PUSH-UP BRA PAD

Canadian Classification:

006-01-Miscellaneous Apparel

006-09-Clothing Accessories and Fastening Devices

Other Classes Searched:

006-02-01-Brassieres

013-04-03-Bandages, Surgical Pads, Electrode Pads, Adhesive Plasters, Surgical Dressings and Holders

Therefor

Description:

The design consists of the features of shape, ornament, pattern and configuration of the PUSH-UP BRA PAD

shown in Figure 1 to 9 of the drawings. The portions shown in stippled lines do not form part of the design.

FIGURE 1 is a perspective left view of the push-up bra pad; FIGURE 2 is a front view of the push-up bra pa

FIGURE 3 is a rear view of the push-up bra pad; FIGURE 4 is a right side view of the push-up bra pad;

FIGURE 5 is a left side view of the push-up bra pad; FIGURE 6 is a top view of the push-up bra pad;

FIGURE 7 is a bottom view of the push-up bra pad; FIGURE 8 is a perspective right view of the push-up bra

pad, and FIGURE 9 is a front view of the push-up bra pad, the stippled lines representing environment.

Interested Parties

Applicant(s) as Filed:

VICTORIA'S SECRET STORES BRAND MANAGEMENT, INC.

Registered Proprietor(s):

VICTORIA'S SECRET STORES BRAND MANAGEMENT, INC.

4 LIMITED PKY

Details


http://www.ic.gc.ca/eic/site/cipointernet-internetopic.nsf/eng/wr00291.html#applicationorregistrationhttp://www.ic.gc.ca/eic/site/cipointernet-internetopic.nsf/eng/wr00291e.html#statushttp://www.ic.gc.ca/eic/site/cipointernet-internetopic.nsf/eng/wr00291.html#otherclasseshttp://www.ic.gc.ca/eic/site/cipointernet-internetopic.nsf/eng/wr00291.html#descriptionhttp://www.ic.gc.ca/eic/site/cipointernet-internetopic.nsf/eng/wr00291.html#interestedpartieshttp://www.ic.gc.ca/eic/site/cipointernet-internetopic.nsf/eng/wr00291.html#registeredproprietorhttp://www.ic.gc.ca/eic/site/cipointernet-internetopic.nsf/eng/wr00291.html#registeredproprietorhttp://www.ic.gc.ca/eic/site/cipointernet-internetopic.nsf/eng/wr00291.html#applicantshttp://www.ic.gc.ca/eic/site/cipointernet-internetopic.nsf/eng/wr00291.html#interestedpartieshttp://www.ic.gc.ca/eic/site/cipointernet-internetopic.nsf/eng/wr00291.html#descriptionhttp://www.ic.gc.ca/eic/site/cipointernet-internetopic.nsf/eng/wr00291.html#otherclasseshttp://www.ic.gc.ca/eic/site/cipointernet-internetopic.nsf/eng/wr00291.html#classificationcodehttp://www.ic.gc.ca/eic/site/cipointernet-internetopic.nsf/eng/wr00291.html#titlehttp://www.ic.gc.ca/eic/site/cipointernet-internetopic.nsf/eng/wr00291e.html#statushttp://www.ic.gc.ca/eic/site/cipointernet-internetopic.nsf/eng/wr00291.html#dateofregistrationhttp://www.ic.gc.ca/eic/site/cipointernet-internetopic.nsf/eng/wr00291.html#applicationorregistration


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REYNOLDSBURG, 43068

OHIO, UNITED STATES OF AMERICA

Current Owner(s):

VICTORIA'S SECRET STORES BRAND MANAGEMENT, INC.4 LIMITED PKY

REYNOLDSBURG, 43068

OHIO, UNITED STATES OF AMERICA

Client Reference Number:

18414I0026CA01

Representative for Service:

SHAPIRO COHEN

P.O. BOX 13002

KANATA, K2K 0E2

ONTARIO, CANADA

Agent:

SHAPIRO COHEN

P.O. BOX 13002

KANATA, K2K 0E2

ONTARIO, CANADA

Term of Protection: 10 years, subject to payment of a maintenance fee.

Maintenance Fee Paid:

Yes

Filing Date:2010-06-30

Correction(s):

No

Convention Priority Claim(s):



http://www.ic.gc.ca/eic/site/cipointernet-internetopic.nsf/eng/wr00291.html#representativeforservicehttp://www.ic.gc.ca/eic/site/cipointernet-internetopic.nsf/eng/wr00291.html#conventionpriorityhttp://www.ic.gc.ca/eic/site/cipointernet-internetopic.nsf/eng/wr00291.html#correctionhttp://www.ic.gc.ca/eic/site/cipointernet-internetopic.nsf/eng/wr00291.html#filingdatehttp://www.ic.gc.ca/eic/site/cipointernet-internetopic.nsf/eng/wr00291.html#maintenancefeepaidhttp://www.ic.gc.ca/eic/site/cipointernet-internetopic.nsf/eng/wr00291.html#termofprotectionhttp://www.ic.gc.ca/eic/site/cipointernet-internetopic.nsf/eng/wr00291.html#agenthttp://www.ic.gc.ca/eic/site/cipointernet-internetopic.nsf/eng/wr00291.html#representativeforservicehttp://www.ic.gc.ca/eic/site/cipointernet-internetopic.nsf/eng/wr00291.html#clientreferencehttp://www.ic.gc.ca/eic/site/cipointernet-internetopic.nsf/eng/wr00291.html#currentowner


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Country Filing Date Application No.

UNITED STATES OF AMERICA 2010-03-31 29/349,417




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Third-Party Information Liability Disclaimer 1



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Third-Party Information Liability Disclaimer 1



105/109

EXHIBIT 5

VICTORIA’S SECRET

WEBSITE PRINTOUT



106/109

$58.00 In Stock

USD Ship To Search

Ratings & Reviews

VS / Bras / Strapless & Multi-Way / Shaping Inserts

3.7 3 Reviews

Write a Review

S T Y L E S E C R E T S

Shaping Inserts

Color Clear

Quantity

A D D T O B A G

$58.00 SH-3

0

DescriptionMaximize swell and cleavage with a new and improved design. Comes wit

silicone enhancers: one adds up to a full cup size for enhanced cleavage;

adds a demi cup for everyday enhancement. Imported polyurethane.

Click Image to Enlarge

i i0LikeLike

100% of reviewers recommend this product

Overall Rating Based on 3 Reviews

3.7 out of 5 Stars

We want to hear from you!Tell us what you think about this item. It helps us get better at what we do, and ultimately provide you with better products.

W R I T E A R E V I E W

B R A S P A N T I E S L I N G E R I E S L E E P B E A U T Y S W I M S P O R T C L O T H I N G T H E S E M I - A N N U A L S

0Case 1:16-cv-00539 Document 1-5 Filed 01/25/16 Page 2 of 5

https://www.victoriassecret.com/https://www.victoriassecret.com/popups/1267651950203https://www.victoriassecret.com/popups/1267651950203https://www.victoriassecret.com/commerce2/checkouthttps://www.victoriassecret.com/lovelist/viewhttps://www.victoriassecret.com/secureoverlay/wrapper/medium/account/signin/overlay/showhttps://www.victoriassecret.com/angel-cardhttps://www.victoriassecret.com/popups/1267651950203https://www.victoriassecret.com/pinkhttps://www.victoriassecret.com/https://www.victoriassecret.com/salehttps://www.victoriassecret.com/clothinghttps://www.victoriassecret.com/victorias-secret-sporthttps://www.victoriassecret.com/swimwearhttps://www.victoriassecret.com/beautyhttps://www.victoriassecret.com/sleepwearhttps://www.victoriassecret.com/lingeriehttps://www.victoriassecret.com/pantieshttps://www.victoriassecret.com/brashttps://www.victoriassecret.com/writeReviewOverlay?productID=160251https://www.victoriassecret.com/bras/strapless-and-multi-way/shaping-inserts-style-secrets?ProductID=160251&CatalogueType=OLS#enlargehttps://www.victoriassecret.com/writeReviewOverlay?productID=160251https://www.victoriassecret.com/bras/strapless-and-multi-way/shaping-inserts-style-secrets?ProductID=160251&CatalogueType=OLS#reviewshttps://www.victoriassecret.com/bras/strapless-and-multi-way/shaping-inserts-style-secrets?ProductID=160251&CatalogueType=OLShttps://www.victoriassecret.com/bras/strapless-and-multi-wayhttps://www.victoriassecret.com/brashttps://www.victoriassecret.com/https://www.victoriassecret.com/https://www.victoriassecret.com/gfoc/overlayhttps://www.victoriassecret.com/gfoc/overlay


107/109

Filter Overall Rating Age Sort by

Was this review helpful? 5 0 Report Inappropriate Review

Age

From

Overall Rating

Fit Rating: Slightly Large

FIRECRACKER

25-34

Anchorage, AK


From

Overall Rating

Fit Rating: Runs Large

KATENGUYEN

Orlando,Fl


Age

From

Overall Rating

KPLEASANTLYSURPRISED2

45-54

Dayton,OH

Pretty big for petite chests

October 14, 2015

These are good quality inserts that seem like they will last for a long time if they are

taken care of. I wear 32A; the smaller of the two inserts was plenty for me. I'm not sure

I will ever wear the larger of the two. It would be sticking out of my bra!

I recommend this!

Veri!ed Purchaser

Does the job

September 30, 2015

Its actualy a bit long in length and is not tucked completely under an A cup size bra.

There are two pairs and I think the smaller of the two worked better for smaller cupsize.

I recommend this!

Veri!ed Purchaser

They Really Work

September 12, 2015

I didn't expect them to help my shape, but they were surprisingly hidden and gave me

the look I was going for.

I recommend this!

Veri!ed Purchaser


https://www.victoriassecret.com/bras/strapless-and-multi-way/shaping-inserts-style-secrets?ProductID=160251&CatalogueType=OLS#https://www.victoriassecret.com/bras/strapless-and-multi-way/shaping-inserts-style-secrets?ProductID=160251&CatalogueType=OLS#


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