Dr Martens kicks out at Steve Madden in trade dress suit

AirWair, a subsidiary of footwear brand Dr Martens, has kicked out at a rival in a trade dress infringement lawsuit, filed yesterday.

Steve Madden, which designs boots and shoes, was accused of selling infringing footwear that is confusingly similar to Dr Martens’, in a claim filed at the US District Court for the Northern District of California.

“The infringing footwear unlawfully copies and uses the Dr Martens trade dress and distinctive features of Dr Martens’ footwear, including the two-tone grooved sole edge, DMS undersole, and heel loop,” said the claim.

Dr Martens’ boots and shoes have been sold in the US since 1984 and use a distinctive trade dress that features a two-tone grooved sole edge, the distinctive DMS sole pattern, yellow stitching in the welt area of the sole, and a black fabric heel loop.

The different elements of the trade dress are registered in the US.

Steve Madden was accused of intentionally copying the footwear to “capitalise on the reputation and fame of the Dr Martens brand”.

According to the claim, the copying has been a “systematic and deliberate” attempt to trade on the “popularity and distinctive appearance and design” of Dr Martens’ footwear.

It also claimed that Steve Madden committed unfair competition, false designation of origin and trademark dilution.

Dr Martens is seeking preliminary and permanent injunctive relief, destruction of infringing materials, an account of profits, damages, costs and a jury trial.

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