Someone Call a Doctor: Dr. Martens Files Suit Against Chinese Laundry for Trade Dress Infringement

AirWair International Ltd., maker of Dr. Martens® footwear, has filed a lawsuit in the US District Court for the Northern District of California alleging that CELS Enterprises, Inc. dba Chinese Laundry has infringed AirWair’s trade dress rights.

According to its complaint, AirWair has been making Dr. Martens boots since 1960. In 1984, AirWair began to sell boots in the United States featuring “yellow stitching in the welt area of the sole…and a two-tone grooved sole edge,” a fabric heal tab, and a horizontal grid pattern on the sole (the Dr. Martens Trade Dress). AirWair owns federal registrations for the Dr. Martens Trade Dress.

Chinese Laundry, an internationally known fashion brand, produces and sells clothing and footwear through its websites and stores. AirWair alleges that Chinese Laundry has been selling boots under its DIRTY LAUNDRY brand that are clear imitations of the Dr. Martens Trade Dress and therefore has committed trademark infringement, false designation of origin, and dilution under federal and state law. AirWair is seeking injunctive relief and damages.

This case reflects the increasing trend of fashion designers turning to trade dress law to protect aspects of their designs. While a certain level of imitation seems to be tolerated in the fashion industry, designers have taken steps to protect iconic designs through both federal trademark registration and enforcement measures.