Dr. Martens sues shoemaker Chinese Laundry for 'deliberately' using its 'signature' trademark designs on boots 

By DAILY MAIL REPORTER

PUBLISHED: 22:09 GMT, 23 September 2013 | UPDATED: 22:39 GMT, 23 September 2013Dr. Martens is suing American footwear retailer, Chinese Laundry, for copying its famous boots.

The Dr. Martens original boot, with its two-toned grooved sole, yellow stitching and eight laceholes, remains a bestseller, sported by celebrities from Miley Cyrus to model Agyness Deyn.

AirWair International, the England-based manufacturer of Dr. Martens footwear, claims that Chinese Laundry has used such signature details 'in a deliberate and calculated attempt to trade upon the popularity and distinctive appearance and design of Dr. Martens footwear.'

The Dr. Martens original boot, with its air-cushioned patterned sole, yellow stitching and eight lace holes, remains a bestseller, sported by celebrities from Miley Cyrus (pictured) to model Agyness Deyn

In a complaint filed on September 18 in the U.S. District Court for the Northern District of California, AirWair stated: 'Chinese Laundry has copied the Trade Dress and the overall style and configuration of Dr. Martens boots and shoes as closely as possible.'

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Dr. Martens' signatures have been registered with the U.S. Patent and Trademark Office and AirWair’s lawsuit hopes to stop Chinese Laundry from selling shoes that imitate the popular stompers, WWD reports.

AirWair, which has made and marketed Dr. Martens footwear since 1960, and has sold the brand’s merchandise in the U.S. since 1984, is also demanding that Chinese Laundry pay all profits from sales of the offending shoes back to AirWair. 

AirWair International, the England-based manufacturer of Dr. Martens footwear, claims that Chinese Laundry has used its signature details 'in a deliberate and calculated attempt to trade upon [their] popularity'

In a filed complaint, AirWair states: 'Chinese Laundry has copied the overall style and configuration of Dr. Martens boots and shoes as closely as possible' (pictured, Chinese Laundry boots similar to those in the case)

Alternatively, AirWair is asking for $1million in damages. The company is also requesting that Chinese Laundry cover attorney’s fees and other legal expenses.

This isn't the first time AirWair has taken a rival footwear company to court.

To stop Vans Inc. from selling shoes it claimed used its trademark designs, AirWair took similar action. In July, a California federal judge denied Vans’ request for a dismissal. 

AirWair has also battled with Skechers over sole designs.

Read more: http://www.dailymail.co.uk/femail/article-2430163/Dr-Martens-sues-shoemaker-Chinese-Laundry-deliberately-using-trademarked-designs-boots.html#ixzz2fml4uClg 
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