Stable Step, LLC, a leading provider of prefabricated orthotics and insoles under the Powerstep brand, has filed a lawsuit in the Southern District of Florida against Foot Care Store, Inc./Dia-Foot, distributor and retailer of Pure Stride orthotics.
The suit was also filed againt Dr. Robert Gaynor, president of Foot Care Store, Inc/Dia-Foot.
The lawsuit alleges that Foot Care Store, Inc/Dia-Foot and Dr. Gaynor are willfully violating Stable Step’s intellectual property by marketing and selling Pure Stride Professional Dress Orthotics. The lawsuit alleges unauthorized use of two of Stable Step’s patented designs of the brand’s SlenderFit Orthotics, as well as trade dress infringement of packaging and product.
The lawsuit also alleges unfair competition with Dr. Gaynor’s unauthorized resale of Powerstep’s physician-exclusive ProTech products on eBay, which voids the product warranty, and false representation to physicians that Stable Step sells ProTech direct to consumers online, damaging Stable Step’s goodwill.
Powerstep has been a leading, innovative brand in the orthotics and insoles market for over 25 years. Powerstep products are accepted by the American Podiatric Medical Association and are widely endorsed by podiatrists nationwide for the treatment of foot pain and other common foot conditions.
The complaint, Case 9:17-cv-81363-DMM, seeks an injunction to prevent the Defendants from advertising and selling the Pure Stride Professional Dress Orthotics, an injunction to prevent the Defendants from selling Powerstep ProTech products online, and damages.
“Powerstep makes significant investments in innovation to deliver the best possible products to our end-users,” said Rhonda Newman, president of Stable Step, LLC. “Our intellectual property helps us protect these investments. When necessary, we’ll take suitable action to protect our assets and brand reputation.”
Stable Step, LLC, based in West Chester, OH, was founded in 1991 by a Podiatrist and avid runner. Today, the company’s portfolio includes over 70 products in the insole, sports supports and foot care categories. Powerstep products are distributed nationwide and are available through thousands of independent, specialty retailers and physicians.
