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United States Patent D821,733
Avar ,   et al. July 3, 2018

Shoe upper

Claims


CLAIM The ornamental design for a shoe upper, as shown and described.
Inventors: Avar; Eric P. (Lake Oswego, OR), Klug; Bryant (Beaverton, OR), Liles; Timothy K. (Portland, OR)
Applicant:
Name City State Country Type

NIKE, Inc.

Beaverton

OR

US
Assignee: NIKE, Inc. (Beaverton, OR)
Appl. No.: D/623,026
Filed: October 20, 2017

Current U.S. Class: D2/973
Current International Class: 0299
Field of Search: ;D2/902,906-908,923,944,946,969,972-975,978 ;D5/7,15,46,47,49

References Cited [Referenced By]

U.S. Patent Documents
D377114 January 1997 Crowley
D377410 January 1997 Crowley
D380888 July 1997 McDonald
D420783 February 2000 Brady et al.
D437991 February 2001 Matis
D439734 April 2001 Wilson
D441521 May 2001 Matis
D466683 December 2002 Chen
D468521 January 2003 Wilson
D513361 January 2006 Teriatnikov
D514792 February 2006 Ardissono
D646470 October 2011 Jacobs
D659973 May 2012 McCourt
D659974 May 2012 Lonigan
D702023 April 2014 Jacobs
D702024 April 2014 Della Valle
D702026 April 2014 Della Valle
D702423 April 2014 Della Valle
D707939 July 2014 McCourt
D712130 September 2014 Lonigan
D715531 October 2014 Cochrane
D744737 December 2015 Raasch
D746570 January 2016 Raasch
D747090 January 2016 Raasch
D757413 May 2016 Bacon

Other References

Nike Footwear Catalog, 1975 Footwear, p. 18, published date unknown, but prior to the filing date of the present application, NIKE, Inc., USA. cited by applicant .
Nike Footwear Catalog, 1996 Spring Footwear, p. 26, published Jun. 1995, NIKE, Inc., USA. cited by applicant .
Nike Footwear Catalog, 1996 Spring Footwear, p. 85, published Jun. 1995, NIKE, Inc., USA. cited by applicant .
Nike Footwear Catalog, 1996 Late Spring Footwear, p. 140, published Aug. 1995, NIKE, Inc., USA. cited by applicant .
Nike Footwear Catalog, 1997 Spring Footwear, p. 132, published Jun. 1996, NIKE, Inc., USA. cited by applicant .
Nike Footwear Catalog, 1997 Spring Footwear, p. 149, published Jun. 1996, NIKE, Inc., USA. cited by applicant .
Nike Footwear Catalog, 1997 Holiday Footwear, p. 134, published Mar. 1997, NIKE, Inc., USA. cited by applicant .
Nike Footwear Catalog, 2001 Fall Men's and Women's Footwear, p. 15, published Nov. 2000, NIKE, Inc., USA. cited by applicant .
Nike Footwear Catalog, 2001 Fall Men's and Women's Footwear, p. 84, published Nov. 2000, NIKE, Inc., USA. cited by applicant .
Nike Footwear Catalog, 2002 Late Spring Men's and Women's Footwear, p. 15, published Sep. 2001, NIKE, Inc., USA. cited by applicant .
Nike Footwear Catalog, 2002 Late Spring Men's and Women's Footwear, p. 18, published Sep. 2001, NIKE, Inc., USA. cited by applicant .
Nike Footwear Catalog, 2002 Late Spring Men's and Women's Footwear, p. 12, published Sep. 2001, NIKE, Inc., USA. cited by applicant .
Nike Footwear Catalog, 2005 Spring Men's, Women's, Boys, and Girl's Footwear, p. 34, published Jun. 2004, NIKE, Inc., USA. cited by applicant .
Nike Footwear Catalog, 2005 Spring Men's, Women's, Boys, and Girl's Footwear, p. 52, published Jun. 2004, NIKE, Inc., USA. cited by applicant .
Nike Footwear Catalog, 2006 Spring Men's, Women's, and Kid's Footwear, p. 142, published date unknown, but prior the filing date of the present application, NIKE, Inc., USA. cited by applicant .
Nike Footwear Catalog, 2006 Spring Men's, Women's, and Kid's Footwear, p. 143, published date unknown, but prior the filing date of the present application, NIKE, Inc., USA. cited by applicant .
Nike Footwear Catalog, 2007 Spring Footwear, p. 23, published Jun. 2006, NIKE, Inc., USA. cited by applicant .
Nike Footwear Catalog, 2009 Fall Sport Performance Footwear, p. 189, published Nov. 2008, NIKE, Inc., USA. cited by applicant .
Nike Footwear Catalog, 2011 Fall Men's Sportswear Footwear, p. 11, published Nov. 2010, NIKE, Inc., USA. cited by applicant .
Nike Footwear Catalog, 2012 Spring Women's Performance Footwear, p. 12, published May 2011, NIKE, Inc., USA. cited by applicant .
Nike Footwear Catalog, 2012 Spring Women's Performance Footwear, p. 13, published May 2011, NIKE, Inc., USA. cited by applicant .
Nike Footwear Catalog, 2012 Fall Men's Footwear Sportswear Best, p. 12, published Nov. 2011, NIKE, Inc., USA. cited by applicant .
Review: Nike Zoom Kobe IV [online], [retrieved Dec. 19, 2017] Retrieved from Kicksologists.com [Internet] <URL: http://www.kicksologists.com/2010/03/17/nike-zoom-kobe-iv/>; 6 color sheets, Dated Mar. 17, 2010. cited by applicant .
Nike Zoom Kobe VII--White--Purple--Gold | Arriving @ Retailers [online], [retrieved Dec. 19, 2017] Retrieved from Sneakernews.com [Internet] <URL: https://sneakernews.com/2012/10/31/nike-zoom-kobe-vii-white-purp- le-gold-arriving-retailers/>; 5 color sheets, Dated Oct. 31, 2012. cited by applicant .
Kobe 8 System--Black/Yellow [online], [retrieved Dec. 19, 2017] Retrieved from Kicksologists.com [Internet] <URL: http://www.kicksologists.com/2013/03/27/kobe-8-system-blackyellow/>; 3 color sheets, Dated Mar. 27, 2013. cited by applicant .
Nike Release Date: Kobe Venomenon 4 Court Purple Wolf Grey Volt [online], [retrieved Dec. 19, 2017] Retrieved from Kicksologists.com [Internet] <URL: http://www.kicksologists.com/2013/12/30/nike-release-date-kobe-v- enomenon-4-court-purple-wolf-grey-volt/>; 5 color sheets, Dated Dec. 30, 2013. cited by applicant .
Sophisticated Simplicity: Unveiling the Kobe X, Kobe Bryant's Tenth Signature Shoe [online], [retrieved Dec. 9, 2017] Retrieved from News.nike.com [Internet] <URL: https://news.nike.com/news/sophisticated-simplicity-unveiling-the-kobe-x-- kobe-bryant-s-tenth-signature-shoe>; 15 color sheets, Dated Jan. 31, 2015. cited by applicant .
Nike Hyperchase-Black-Metallic Silver [online], [retrieved Dec. 19, 2017] Retrieved from Sneakernews.com [Internet] <URL: https://sneakernews.com/2015/04/08/nike-hyperchase-black-metallic-silver/- >; 4 color sheets, Dated Apr. 8, 2015. cited by applicant .
Nike Uses Multicolor Flyknit for BHM Kobe 11 [online], [retrieved Dec. 14, 2017] Retrieved from Sneakernews.com [Internet] <URL: https://solecollector.com/news/2016/01/nike-kobe-11-bhm>; 7 color sheets, Dated Jan. 10, 2016. cited by applicant .
Kobe's Last and Greatest on Court Sneaker: Nike Kobe XI Elite Low Review [online], [retrieved Dec. 19, 2017] Retrieved from Hypebeast.com [Internet] <URL: https://hypebeast.com/2016/1/the-last-and-greatest-kobe-sneaker-to-date-k- obe-xi-elite-low-review>; 17 color sheets, Dated Jan. 27, 2016. cited by applicant .
Nike Kobe Mentality 2 Performance Review! [online], [retrieved Dec. 19, 2017] Retrieved from Thesolebros.com [Internet] <URL: http://thesolebros.com/2016/01/29/nike-kobe-mentality-2-performance-revie- w/>; 17 color sheets, Dated Jan. 29, 2016. cited by applicant .
Nike Kobe 11 Eulogy Drops Saturday [online], [retrieved Dec. 19, 2017] Retrieved from Footwearnews.com [Internet] <URL: http://footwearnews.com/2016/focus/athletic-outdoor/nike-kobe-11-eulogy-s- neakers-release-196168/>; 6 color sheets, Dated Feb. 24, 2016. cited by applicant .
Official Images of the Nike Kobe 8 Black Mamba [online], [retrieved Dec. 19, 2017] Retrieved from Kicksonfire.com [Internet] <URL: https://www.kicksonfire.com/nike-kobe-8-black-mamba/>; 11 color sheets, Dated Mar. 23, 2016. cited by applicant .
Kobe Bryant's Love of FC Barcelona Inspires New Nikes [online], [retrieved Dec. 14, 2017] Retrieved from Solecollector.com [Internet] <URL: https://solecollector.com/news/2016/09/mambacurial-nike-kobe-11-barclone&- gt;; 12 color sheets, Dated Sep. 1, 2016. cited by applicant .
The Nike Kobe Mentality III Is Releasing Soon [online], [retrieved Dec. 19, 2017] Retrieved from Sneakernews.com [Internet] <URL: https://sneakernews.com/2016/11/26/nike-kobe-mentality-iii-preview-kobe-t- akedown-shoe/>; 3 color sheets, Dated Nov. 26, 2016. cited by applicant .
Nike's Kobe A.D. Silhouette Joins the Eye-Catching "Flip the Switch" Collection [online], [retrieved Dec. 19, 2017] Retrieved from Hypebeast.com [Internet] <URL: https://hypebeast.com/2017/4/nike-kobe-ad-flip-the-switch>; 3 color sheets, Dated Apr. 27, 2017. cited by applicant .
Nike Kobe AD NXT Mambacurial [online], [retrieved Dec. 19, 2017] Retrieved from Sneakernews.com [Internet] <URL: https://sneakernews.com/2017/07/26/nike-kobe-ad-nxt-mambacurial/>; 7 color sheets, Dated Jul. 26, 2017. cited by applicant .
Nike Kobe AD "White/Gum" Releasing in October [online], [retrieved Dec. 14, 2017] Retrieved from Sneakernews.com [Internet] <URL: https://sneakernews.com/2017/09/05/nike-kobe-ad-baseline-release-white-gu- m-release-info/>;7 color sheets, Dated Sep. 5, 2017. cited by applicant .
Nike's New Kobe AD Mid Releases in Seven Team Colorways [online], [retrieved Dec. 14, 2017] Retrieved 'from Sneakernews.com [Internet] <URL: https://sneakernews.com/2017/09/15/nike-kobe-ad-team-colorways/&- gt;;9 color sheets, Dated Sep. 15, 2017. cited by applicant .
Kyrie Irving's Next Shoe Release Features "All-Over" Signatures [online], [retrieved Dec. 14, 2017] Retrieved from Sneakernews.com [Internet] <URL: https://sneakernews.com/2017/09/21/nike-kyrie-3-red-suede/>; 8 color sheets, Dated Sep. 21, 2017. cited by applicant.

Primary Examiner: Simone; Dominic V
Attorney, Agent or Firm: Banner & Witcoff, Ltd.

Description



FIG. 1 is a front perspective view of a shoe upper showing our new design;

FIG. 2 is an opposite side front perspective view thereof;

FIG. 3 is a front view thereof; and,

FIG. 4 is a top view thereof.

The broken lines immediately adjacent to the shaded area define the bounds of the claimed design and form no part thereof. The broken lines showing the remainder of the shoe represent unclaimed subject matter and form no part of the claimed design.

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