Dr. Martens boots are unique and inimitablethe law says so. Generations of girls and boys who grew up with those shoes on their feet and what have they done with them must they consider them a real treasure to defend, a treasure that sometimes mixes with memories of an adolescence in which Dr. Martens boots went everywhere. But the irreplicability of Dr. Martens is now also protected by the Courts.
The yellow stitching, the black rubber sole, the round toe, the back label are all distinctive elements of the product and as such cannot be replicated by anyone.
This was established by the Court of Como (sentence n.1524 of 26 November 2018) with a decision that goes beyond the protection of the brand and extends to main features of the product. Even the latter, according to the judges of Como, must enjoy criminal protection "against illicit reproductions or imitations".
The story stems from a criminal proceeding brought against a businesswoman of Chinese origin, but resident in Italy. About 8 boots were seized at the Ponte Chiasso customs office, which slavishly replicated the shape of the Dr. Martens, despite having another denomination and not directly referring to the famous brand. Air Wair International Limited, the company that owns the brand, has decided to appear as a civil party in the trial with the patronage of the lawyers Gabriele Lazzeretti and Stefano Andres, businesses of the law firm Spheriens.
According to the Court of Como, despite "having another name", the seized shoes reproduce the shape of the footwear "with the distinctive elements that characterize it": elements that according to the Judge, in the light of the wide notoriety of the Dr. Martens, “they unequivocally trace the product back to the English house“, misleading consumers.
For this reason, the seized products "constitute a counterfeit of the originals". Dr. Martens are not replicated.
