Dr. Martens, the British footwear brand known for its durable boots and signature yellow stitching, has spent decades building a strong visual identity. Since 1960, the yellow stitching has symbolised the brand’s quality and individuality. But with growth came imitation, and with imitation, legal challenges. As Dr. Martens expanded, it found itself needing to defend what had become one of its most recognisable design features. These disputes reveal the complexities of trademark protection and the difficulty of safeguarding design in a competitive market.
The European Win: Van Haren vs. Dr. Martens
In 2020, Airwair, the parent company of Dr. Martens, brought a case against Dutch retailer Van Haren. The issue was the sale of boots featuring yellow stitching that closely resembled Dr. Martens’ signature look. Airwair argued that this stitching was not just a decorative flourish, but a core brand identifier that had come to represent the company in the minds of consumers.
The court agreed. The ruling not only protected Dr. Martens from imitation but also affirmed that companies can assert trademark rights over distinctive design features. When a design is firmly linked to a brand, it can be eligible for legal protection, not just commercial recognition.
A Different Approach in Japan
However, not all jurisdictions have taken the same view. In June 2018, Airwair applied for trademark protection for the yellow stitching in Japan. The Japan Patent Office (JPO) rejected the request in 2022, stating that the stitching was merely decorative and did not serve as a strong brand indicator. The rejection reflected a stricter approach to what qualifies as distinctive.
In August 2023, the Japan IP High Court upheld the JPO’s decision, concluding that the yellow stitching lacked distinctiveness across all colour variations. While it might be recognisable when used on black boots, the court found it less distinctive in other combinations.
Unfair Competition: A Partial Win
Despite the trademark setback, Dr. Martens achieved a separate legal victory in Japan. On 9 November 2023, the company won a case against MD Planning Co., Ltd. (MDP) under the Unfair Competition Prevention Act. The claim focused on the overall look of MDP’s boots, which closely resembled the “1460 8-Eye Boot.”
This time, the IP High Court found that MDP’s design could mislead consumers and ruled in favour of Dr. Martens. Unlike the earlier trademark case, the court considered more than just the yellow stitching, including features such as the sole edge and tread pattern. The outcome provided an alternative path for protecting product appearance where trademark rights fall short.
Conclusion
Dr. Martens’ efforts to protect its yellow stitching reveal the legal challenges of defending design features in the fashion industry. While the brand has secured success in Europe and through unfair competition law in Japan, obtaining formal trademark protection remains more complex, particularly when courts view design details as decorative rather than distinctive.
These outcomes are likely to shape how Dr. Martens and other brands pursue protection for visual identifiers. Broader trademark rights for the yellow stitching may remain out of reach, with legal protection potentially limited to specific colour combinations, much like the red soles of Louboutin.
What’s clear is that Dr. Martens’ yellow stitching is no longer just a design choice, it is central to the brand’s identity. Its protection is key not only to legal enforcement but also to maintaining brand strength in the global market.
Sources:
- Marks IP Law. Dr. Martens’ yellow stitch. Retrieved from https://www.marks-iplaw.jp/dr-martens-yellow-stitch/
- AIPPI. Dr. Martens wins against counterfeit, but the distinctiveness of the yellow welt stitch alone is denied. Retrieved from https://www.aippi.org/news/dr-martens-wins-against-counterfeit-but-the-distinctiveness-of-the-yellow-welt-stitch-alone-is-denied/
- Dutch shoe store loses legal battle over Dr. Martens’ yellow stitching. Retrieved from https://www.dutchnews.nl/2022/05/dutch-shoe-store-loses-legal-battle-over-dr-martens-yellow-stitching/