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Vans Can't Kick Dr. Martens Trademark Suit

Law360, Los Angeles (July 17, 2013, 5:12 PM EDT) -- A California federal judge on Wednesday denied Vans Inc.'s attempt to dismiss Airwair International Ltd.'s unfair competition and trademark infringement suit, ruling the complaint adequately pled that a Vans licensee's sale of Dr. Martens-like boots in Asia diluted Airwair's mark in the U.S.

U.S. District Judge Edward J. Davila ruled that England-based Airwair's allegations “more than suffice to state an effect on U.S. commerce” because Vans owned a website, www.vansjapan.com, on which the allegedly infringing Gibson line of footwear was advertised and visible to consumers in the U.S., “leading to dilution by blurring.”

Airwair, which manufactures and sells Dr. Martens boots...

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Case Information

Case Title

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Case Number

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Court

California Northern

Nature of Suit

Trademark

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Date Filed

September 28, 2012

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