SAN FRANCISCO – The manufacturers of Dr. Martens shoes alleges a New Jersey distributor sells counterfeit footwear online.
Airwair International LTD filed a complaint on Oct. 6 in the U.S. District Court for the Northern District of California against Wanted Shoes Inc. and Does 1-50 alleging trademark infringement and other counts.
According to the complaint, the plaintiff alleges that the defendant marketed, distributed, and sold footwear that was confusingly similar and had remarkably copied the various distinctive features of the plaintiff's Dr. Martens brand. It alleges it has suffered damages to its business, reputation, and goodwill, and the loss of sales and profits.
The plaintiff holds Wanted Shoes Inc. and Does 1-50 responsible because the defendants allegedly caused confusion as to the affiliation or association of the infringing products and diminished the distinctive quality of plaintiff's products.
The plaintiff requests a trial by jury and seeks judgment in its favor, preliminary and permanent injunction, accounting of defendants' profits, damages, profits, interest, costs, attorney’s fees, expenses and further relief that the court may deem just. It is represented by Marcy J. Bergman and Alexandra C. Whitworth of Bryan Cave LLP in San Francisco.
U.S. District Court for the Northern District of California Case number 3:16-cv-05733