Dr. Martens brings lawsuit against US company
Renowned UK boots manufacturer Dr. Martens has filed a lawsuit against a fashion website accusing it of trade dress infringement and selling “identical” products to its own.
AirWair International Ltd, the manufacturer for the world-famous Dr. Martens brand, has brought the lawsuit against Chinese Laundry (CL), claiming it has infringed on the design for its 1460 boot.
The complaint, filed on September 17 at the US District Court for the Northern District of California, accuses CL of selling boots “virtually identical” to those of Dr. Martens.
According to a court document, CL, which is headquartered in New York, imports footwear manufactured in China into the US and sells it throughout the country both on its website and in stores in California and Nevada.
AirWair argues its distinctive style of yellow stitching, under-sole design and a two-tone grooved sole edge, which it has trade dress registrations for around the world, including at the US Patent and Trademark Office, has been used by CL and is consequentially deceptive to consumers.
“CL has in the past and continues to, manufacture, market, distribute and sell boots and shoes that are confusingly similar to and which unlawfully copy the distinctive Dr. Martens Trade Dress,” Dr. Martens says.
It adds, “the distinctive Trade Dress of its iconic boots and shoes has been used by the company since 1960 and is world famous … such imitation is intended to cause confusion, or to deceive.”
AirWair is seeking an injunction to stop CL from distributing the products and demands the website hand over profits from all infringing sales.
According to Michelle Marsh, partner at Kenyon & Kenyon LLP, in New York, Dr. Martens had a reputation for pursuing identical products.
“To my knowledge Dr. Martens has a reputation for tolerating competitive combat-style boots, but they put their boot down, so to speak, on identical copies,” Marsh said.
“In my opinion, without the tell-tale yellow stitching, it is not likely that consumers are being confused at purchase. It will really depend on how Dr. Martens presents the case with the other registered elements like the outsole and under-sole.”
Dr. Martens has produced footwear since 1960, and has sold the brand’s merchandise in the US since 1984.
Last year, the company took another shoe producer, Vans Inc., to court in a bid to stop it from selling shoes it claimed infringed on its trademarks.
“More than 90 per cent of trademark cases are resolved before trial, and this case does not strike me as one of the exceptional ones. I would think the parties could work out a reasonable solution,” Marsh added.
Dr Martens did not respond to requests for comment.
