Clarks Says Marc Joseph Can't Monopolize Moccasin Design

Law360, New York (November 22, 2013, 6:56 PM EST) -- British shoemaker Clarks fired back Friday at allegations that it copied its “Dunbar Racer” moccasin from footwear designer Marc Joseph NY Inc., filing counterclaims that said the rival company's shoe was not eligible for trade dress protection.

C. & J. Clark America Inc. said Marc Joseph's best-selling “Cypress Hill” shoe was merely a functional design that lacked the inherent distinctiveness or secondary meaning required to qualify as a protected design under the Lanham Act.

“[The Clarks defendants] assert herein that they have not, are not and...
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