Facts

Airwair International Ltd. filed a lawsuit against Urbanog Inc. for trademark infringement and related claims.

PLAINTIFF'S CONTENTIONS:
Plaintiff alleged that it manufactured and sold "Dr. Martens" boots and shoes and held a number of trademarks and trade dress registrations relating to such footwear. Plaintiff further alleged that defendant sold certain boots and shoes that infringed on plaintiff's trademark and trade dress rights and were nearly identical to plaintiff's footwear. Among the infringements that plaintiff alleged were defendant's use of yellow welt stitching in its footwear.

Result

The parties settled the case and the court entered a consent judgment and permanent injunction. The defendants were permanently enjoined from manufacturing or selling any footwear that imitated plaintiff's trade dress marks or in connection with plaintiff's trademarks. Defendant further agreed to donate its remaining inventory of infringing footwear to a charity.