Skechers sues New York designer over scallop shoe design
Footwear giant has sued American Exchange Apparel Group over alleged infringement of its patented shoe opening | Complaint accuses AEAG of wilfully copying Skechers' distinctive design elements | Suit marks Skechers' latest effort to protect its IP.
Skechers has sued a New York-based designer for alleged infringement of Skechers’ patented ‘scalloped’ shoe opening design.
The multinational footwear company filed its complaint in the US District Court for the Central District of California, alleging American Exchange Apparel Group (AEAG) had willfully infringed multiple design patents.
The suit, filed April 16, 2024, accused AEAG of copying Skechers scalloped edge on the opening of the shoe.
Skechers claims it has become the third largest footwear company since its start in 1992, and has designed more than 3,000 shoe styles. It sells its shoes in more than 170 countries, 5,000 retail stores, and on its website and numerous third party websites.
It has been awarded “hundreds of patents” from the US Patent and Trademark Office, which are the “legal lifeblood” of the company, said the complaint.
The patented ‘Scalloped Opening’ design has been sold on “millions of pairs” worldwide, it continued.
Despite Skechers' alleged prior notification of infringement, AEAG continued selling its inventory of infringing shoes.
Skechers accused AEAG of infringing nine patents (US patent numbers D879,448 S; D879,446 S; D876,789 S; D876,788 S; D876,790 S; D879,447 S; D879,445 S; D880,134 S; and D879,449 S).
Skechers sought both injunctive relief and financial compensation, asserting irreparable harm caused by AEAG's actions.
The relief sought included a judgment declaring AEG's infringement, a permanent injunction against further infringement, and damages to compensate for the alleged violation of Skechers' IP rights.
Skechers ‘looks forward to its day in court’
Skechers has a history of aggressively defending its IP.
In November 2023, Skechers faced a suit filed in a California court from Nike, accusing it of infringing Nike’s Flyknit patents.
Skechers responded by calling the suit “baseless” as many brands have been making shoes using knit uppers for years.
Skechers claimed it had been designing shoes using various forms of knit uppers for close to a decade.
It also claimed the suit was an example of how Nike uses its “vast financial resources” to “stifle competition rather than compete in the marketplace” and accused Nike of attempting to monopolise the market.
Skechers said it “expects to completely vindicate itself and is looking forward to its day in court”.
In June 2023, Skecherssued fashion designer Steve Madden over the alleged infringement of its stylised ‘s’ mark.
The lawsuit filed at the Californian District Court argued that the logo on Madden’s 'Kennie' sneaker is “confusingly similar” to Skechers' signature mark.
The sports shoe retailer accuses its rival of “malicious and wilful infringement”, holding that the logo on the disputed shoe is essentially a stylised ‘s’ of “similar (if not nearly identical) proportions and thicknesses to multiple logos used by Skechers”.
This followed Skechers’ 2022 suit against Brooks Running for infringing through its use of a “5” logo, which was settled in September 2022.
Skechers is represented against AEAG by Marshall Lerner and Bradford Mattes from Kleinberg & Lerner.
Did you enjoy reading this story? Sign up to our free daily newsletters and get stories sent like this straight to your inbox
