Skechers USA v. Easy Spirit - Complaint

Case 2:19-cv-02141 Document 1 Filed 03/21/19 Page 1 of 23 Page ID #:1
1 Marshall A. Lerner (State Bar No. 55,224)

2 mlerner@kleinberglerner.com
Vivian Z. Wang (State Bar No. 289870)
3 vwang@kleinberglerner.com
4 Steven J. Kim (State Bar No. 297235)
skim@kleinberglerner.com
5
KLEINBERG & LERNER, LLP
6 1875 Century Park East, Suite 1150
7
Los Angeles, California 90067-2501
Telephone: (310) 557-1511
8 Facsimile: (310) 557-1540
9
Attorneys for Plaintiffs Skechers U.S.A., Inc. and Skechers U.S.A., Inc. II
10
11 UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
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13
SKECHERS U.S.A., INC. and ) Case No.:
14 SKECHERS U.S.A., INC. II )
15 ) COMPLAINT FOR DAMAGES AND
Plaintiffs, ) INJUNCTIVE RELIEF FOR:
16 )
17 v. ) (1) FEDERAL FALSE DESIGNATION
) OF ORIGIN AND UNFAIR
18
EASY SPIRIT, LLC and MARC ) COMPETITION;
19 FISHER, INC. and Does 1 – 10 ) (2) FEDERAL TRADE DRESS
20 inclusive, ) INFRINGEMENT;
) (3) FEDERAL TRADE DRESS
21 Defendants. ) DILUTION; AND
22 ) (4) STATE UNFAIR BUSINESS
) PRACTICES.
23
)
24 ) DEMAND FOR JURY TRIAL
25
)
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27
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COMPLAINT FOR DAMAGES AND INJUNCTIVE RELIEF ARISING OUT OF PATENT INFRINGEMENT;
DEMAND FOR JURY TRIAL
1 Plaintiffs Skechers U.S.A., Inc. and Skechers U.S.A., Inc. II (collectively

2 "Skechers") allege as follows against defendant Easy Spirit, LLC and Marc Fisher, Inc.
3 (hereinafter collectively "Easy Spirit"):
4
5 NATURE OF ACTION
6 1. Skechers is a multi-billion dollar global leader in the lifestyle footwear
7 industry. Skechers is also a high-performance footwear brand and a world leader in
8 designing cutting-edge footwear. Over the years, Skechers has invested and spent
9 hundreds of millions of dollars creating and promoting its new shoe designs.
10 2. In 2011, Skechers introduced a revolutionary walking slip-on sneaker, the
11 Go Walk. Since that time, Skechers has been offering Go Walk styles that have
12 dominated the comfort walking shoe industry. One such style, the Go Walk Evolution
13 Ultra, features a distinctive casual profile with a raised instep and heel, a sloping ankle
14 collar that curves upward to the tongue with a smooth finished top-line, a modern upper
15 made of a soft mesh fabric that is defined at the toe cap with U-shaped line across the toe
16 box that curves down to the sole, and sits atop a sleek foamed midsole that gradually
17 narrows at the toe and an accent stripe extending across its length (the "GO WALK
18 Trade Dress"):
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25 3. Easy Spirit recently began offering for sale a slip-on shoe, the Glider,
26 depicted below (the "GO WALK Knock Off"):
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COMPLAINT FOR DAMAGES AND INJUNCTIVE RELIEF ARISING OUT OF TRADE DRESS INFRINGEMENT;
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7 Instead of pursuing independent product development, Easy Spirit has
8 chosen to slavishly copy Skechers' innovative GO WALK Trade Dress with its GO
9 WALK Knock Off in violation of Skechers' valuable intellectual property rights.
10 4. Another Skechers iconic shoe is the Skechers D'Lites, which was initially
11 launched in 2007, featuring a stylish sneaker profile, distinctive sweeping curves that
12 contour the forefoot sides of the shoe which are defined by the adjacent overlays, a
13 jagged vamp opening with a majority of the peaks flagged with "backpack" straps
14 forming the face of vertically oriented eye-loops, the U-shaped heel collar equipped with
15 a matching "backpack" strap heel pull tab, and the chunky midsole with its rugged
16 tapering from the heel to toe (the "D'LITES Trade Dress"):
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27 5. Easy Spirit recently began selling the Romy shoe, depicted below
28 ("D'LITES Knock off"):
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10 Easy Spirit has blatantly imitated the appearance of Skechers D'LITES Trade Dress
11 through its D'LITES Knock Off, and in turn, capitalized on Skechers' success.
12 6. By this action, Skechers seeks to put a stop to Easy Spirit's illegal actions
13 and obtain compensation for the trade dress infringements that have occurred thus far.
14
15 PARTIES
16 7. Plaintiff Skechers U.S.A., Inc. is a corporation duly organized and existing
17 under the laws of the State of Delaware with a principal place of business located at 228
18 Manhattan Beach Blvd., Manhattan Beach, California 90266.
19 8. Plaintiff Skechers U.S.A., Inc. II is a corporation duly organized and
20 existing under the laws of the State of Virginia with a principal place of business located
21 at 228 Manhattan Beach Blvd., Manhattan Beach, California 90266. Skechers U.S.A.,
22 Inc. II is a wholly-owned subsidiary of Skechers U.S.A., Inc.
23 9. On information and belief, Defendant Easy Spirit LLC is a company
24 organized and existing under the laws of the State of Delaware with its principal place of
25 business located at 1411 Broadway, New York, NY 10018-3486 and is a wholly-owned
26 subsidiary of Marc Fisher, Inc.
27 10. On information and belief, Defendant Marc Fisher, Inc., d.b.a. Marc Fisher
28 Footwear, is a corporation duly organized and existing under the laws of the State of
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1 Delaware with its principal place of business located at 777 West Putnam Ave.,
2 Greenwich, Connecticut, 06830.
3 11. Defendants Does 1 – 10, inclusive, are sued herein under fictitious names.
4 Their true names and capacities are unknown to Skechers. When their true names and
5 capacities are ascertained, Skechers will amend this complaint by inserting their true
6 names and capacities. Skechers is informed and believes and thereon alleges, that Does
7 1 – 10, and each of them are responsible in some manner for the occurrences alleged
8 herein and that Skechers' damages were proximately caused by such defendants.
9
10 JURISDICTION AND VENUE
11 12. Jurisdiction in this Court arises under the provisions of section 39 of the
12 Lanham Act, 15 U.S.C. §1121(a), 28 U.S.C. § 1331 (federal question), and 28 U.S.C.
13 §1338(a) (any Act of Congress relating to patents or trademarks. Subject matter
14 jurisdiction over Skechers' related state and common law claims is proper pursuant to 28
15 U.S.C. § 1338 (action asserting claim of unfair competition joined with a substantial and
16 related claim under the trademark laws) and 28 U.S.C. § 1367 (supplemental
17 jurisdiction).
18 13. This Court has personal jurisdiction over Defendant because Easy Spirit
19 committed one or more of the infringing acts complained of herein in California and in
20 this district, Easy Spirit has multiple sales outlets in California and in this district, and
21 Easy Spirit regularly conducts business or solicits business in California and in this
22 district.
23 14. Venue in this Court is proper under the provisions of 28 U.S.C. §§
24 1391(b)(2) because a substantial part of the claims arose in this district.
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1 FACTS IN SUPPORT OF SKECHERS' CLAIM

2 GO WALK TRADE DRESS
3 15. The Skechers' GO WALK slip-on sneaker revolutionized walking shoe
4 industry since its introduction in 2011.
5 16. The GO WALK Trade Dress, as seen in a number of Skechers GO WALK
6 styles such as the GO WALK Revolution Ultra, features a distinctive casual profile with
7 a raised instep and heel, a sloping ankle collar that curves upward to the tongue with a
8 smooth finished top-line, a modern upper made of a soft mesh fabric that is defined at
9 the toe cap with U-shaped line across the toe box that curves down to the sole, and sits
10 atop a sleek foamed midsole that gradually narrows at the toe and an accent stripe
11 extending across its length.
12 17. Since Skechers introduction of the GO WALK series in 2012, Skechers has
13 spent millions of dollars in creating and advertising its GO WALK series. GO WALK
14 sales have since reached well into millions of pairs.
15 18. The Skechers GO WALK series has been heavily advertised on TV, in
16 magazines and the Internet. The GO WALK shoes have been featured in several widely
17 aired television commercials and has been the subject of a number of magazine articles.
18 19. The innovative design of the GO WALK Trade Dress has significantly
19 contributed to the success of the Skechers GO series of footwear culminating in a Brand
20 of the Year award from Footwear News in late 2013. See Exhibit 1.
21 20. When Skechers was named Fashion Footwear Brand of the Year at the 2014
22 Footwear Industry Awards, Cheryl Taylor, editor of Footwear Today Magazine,
23 commented, “I was delighted that Skechers won the Fashion Forward Brand Of The
24 Year Award at the Footwear Industry Awards event in February 2014. Skechers has one
25 of the widest and most exciting fashion ranges currently on offer in the UK, offering
26 cutting edge designs for all the family. Take the (SKECHERS) GoWalk for example,
27 they’re smooth, they’re streamlined and really rather radical. Many styles come in
28 deliciously bright colours and wouldn’t look out of place on the catwalk, yet they are
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1 incredibly light and boy, are they comfortable! Good job Skechers!” See Exhibit 2.
2 21. Skechers' extensive use and promotion of its GO WALK Trade Dress has
3 laid the foundation for Skechers’ valuable goodwill in its GO WALK Trade Dress that
4 consumers associate the GO WALK Trade Dress with Skechers. Skechers' GO WALK
5 Trade Dress is distinctive and has achieved significant secondary meaning prior to the
6 entry of the Easy Spirit knock off into the stream of commerce.
7 22. The combination of elements of the GO WALK Trade Dress is distinctive
8 and serves to identify Skechers as the source of the GO WALK Trade Dress. These
9 elements are not merely functional and the overall product design is not required to
10 achieve any particular function. As such, competitors of Skechers have many alternative
11 product designs available to them. Easy Spirit’s emulation of Skechers GO WALK
12 Trade Dress through its GO WALK Knock Offs is a blatant effort to misappropriate
13 Skechers' goodwill and steal the sales of Skechers' products.
14
15 D'LITES TRADE DRESS
16 23. Since Skechers' introduction of the D'Lites sneaker in 2007, the D'Lites
17 sneaker has become a worldwide iconic shoe.
18 24. The D'LITES trade dress, features a stylish sneaker profile, distinctive
19 sweeping curves that contour the forefoot sides of the shoe which are defined by the
20 adjacent overlays, a jagged vamp opening with the most prominent of the peaks jagged
21 edges flagged with "backpack" straps, each of these "backpack" straps forming the face
22 of vertically oriented eye-loop, the U-shaped heel collar equipped with a matching
23 "backpack" strap heel pull tab, and the chunky midsole with its rugged tapering
24 extending from the heel to toe.
25 25. For more than a decade, Skechers has been selling and promoting the
26 D'LITES Trade Dress with its investment of millions of dollars in creating and
27 advertising the D'LITES Trade Dress. Skechers sales of the D'LITES pairs total well
28 into the millions.
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1 26. The D'LITES Trade Dress has been heavily advertised on TV, in
2 magazines, and the Internet. The Skechers Trade Dress have been featured in several
3 widely aired television commercials and has been the subject of a number of magazine
4 articles.
5 27. The Skechers D’Lites have been worn and popularized by celebrities
6 including Camila Cabello, Meghan Trainor, and Brooke Burke-Charvet. The D’Lites
7 have been popularized by international celebrities from Korean pop groups including
8 Sistar, Shinee and Block B, and Korean pop star Beenzino and Nana from After School.
9 Furthermore, the D’Lites have been popularized by Chinese pop star Huang Zitao and
10 Filipino actress Nadine Lustre.
11 28. The popularity of the D’Lites is evidenced by various media coverage,
12 including Tora Northman, “The Resurrection of Skechers: Here’s Why They’re About to
13 Become the New It-Shoes of 2018,” Hypebae, January 16, 2018, naming Skechers the
14 New It-Shoes of 2018. See Exhibit 3. Also, Sachin Bhola, “Digging Into Skechers’
15 Undeniable Influence on the Chunky Sneaker Trend,” Highsnobiety, June 22, 2018,
16 quoting Highsnobiety’s footwear editor Chris Danforth, that “the D’Lites rightfully have
17 a place in a conversation about chunky sneakers.” See Exhibit 4.
18 29. The fame and popularity of the D’LITES Trade Dress is further evidenced
19 by models walking the runways at seven New York Fashion Week shows wearing
20 Skechers D’Lites including Hardware LDN, FTL Moda, Mery Playa by Sofia Resing,
21 Tumbler and Tipsy by Michael Kuluva, DFBK: Defend Brooklyn, Bonnie Bouche by
22 Angela Simmons, and #Unfiltered by Jessica Abo. See Exhibit 5.
23 30. Skechers' extensive use and promotion of its D'LITES Trade Dress has laid
24 the foundation for Skechers' valuable goodwill in its D'LITES Trade Dress that
25 consumers associate the D'LITES Trade Dress with Skechers. Skechers D'LITES Trade
26 Dress is distinctive and has achieved significant secondary meaning prior to the entry of
27 the Easy Spirit knock off in the stream of commerce.
28 ///
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1 31. The combination of elements of the D'LITES Trade Dress is distinctive and
2 serves to identify Skechers as the source of the D'LITES Trade Dress. These elements
3 are not merely functional and the overall product design is not required to achieve any
4 particular function. As such, competitors of Skechers have many alternative product
5 designs available to them. Easy Spirit’s emulation of Skechers D'LITES Trade Dress is
6 a blatant effort to misappropriate Skechers’ goodwill and steal the sales of Skechers'
7 products.
8
9 EASY SPIRIT’S INFRINGING ACTIVITES
10 32. Easy Spirit had many options in developing its footwear products. Instead,
11 Easy Spirit chose to copy Skechers' two widely popular and innovative designs.
12 33. Easy Spirit chose to infringe Skechers trade rights through Easy Spirit's
13 production, importation, distribution and retail activities, and promotion in interstate
14 commerce of both its Glider line and Romy line which trade upon the goodwill that
15 Skechers has developed in connection with its GO WALK Trade Dress and D'LITES
16 Trade Dress.
17 34. A comparison of the GO WALK Trade Dress and Easy Spirit GO WALK
18 Knock Off reveals Easy Spirit's blatant copying:
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20 Skechers GO WALK Easy Spirit Knock Off
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Casual Slip-On Profile Same
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Raised instep and heel upper portion. Same
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1 Sloping Ankle Collar that curves in and Same

2 upward to the tongue
3 A smooth finished top-lined tongue Same
4 Modern smooth-finish mesh fabric Same
5 U-shaped line across the toe-box that Same
6 curves down to the sole
7 Sleek foamed Midsole tapering from heel Same
8 to toe
9 Accent strip extending the length of the Same
10 midsole
11
12 35. Easy Spirit goes even farther by knocking off Skechers D'LITES Trade
13 Dress:
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15 Skechers D'LITES Easy Spirit Knock Off
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Stylish sneaker profile Same
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Distinctive sweeping curves that contour Same
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the forefoot sides of the shoe
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1 Sweeping curves defined by bordering Same

2 overlays
3 Jagged vamp opening above the tongue Same
4 Most prominent peaks of jagged edges Same
5 flagged with "backpack" straps
6 "Backpack" straps forming the face of Same
7 vertically oriented lace eyelets
8 U-shaped heel collar Same
9 Matching "backpack" strap heel pull tab Same
10 at the base of the heel collar
11 Chunky midsole having a rugged taper Same
12 extending from the heel to toe
13
14 36. Easy Spirit's direct copying of the Skechers' GO WALK Trade Dress and
15 D'LITES Trade Dress is a willful and intentional act to cause confusion among
16 consumers and diminish Skechers' rights.
17 37. Easy Spirit's unlawful business practices described above present a
18 continuing threat to, and are meant to deceive members of, the public as Easy Spirit
19 promotes its products by wrongfully trading on the goodwill of the Skechers GO WALK
20 Trade Dress and D'LITES Trade Dress.
21 38. Easy Spirit's uses of the Skechers GO WALK Trade Dress and D'LITES
22 Trade Dress are to deceive, confuse, and mislead the prospective and actual consumer
23 into believing that either of the products sold by Easy Spirit is produced or authorized by
24 Skechers or that the Easy Spirit is somehow associated with Skechers.
25 39. This Easy Spirit's actions to cause this aforementioned confusion and
26 deception is causing irreparable harm to the goodwill of the Skechers' GO WALK Trade
27 Dress and D'LITES Trade Dress.
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1 FIRST CLAIM FOR RELIEF

2 [Federal False Designation of Origin & Unfair Competition – 15 U.S.C. § 1125(a)]
3 40. Skechers realleges and incorporates by reference the full text of all of the
4 foregoing numbered paragraphs, photographs and figures as though each such
5 paragraph, photograph and figure has been fully set forth hereat.
6 41. Skechers is the owner of all rights and title to the distinctive Skechers GO
7 WALK Trade Dress as embodied in the GO WALK products and the Skechers D'LITES
8 Trade Dress as embodied in the D'LITES products. The GO WALK Trade Dress and the
9 Skechers D'LITES Trade Dress are not functional.
10 42. In addition, based on extensive and consistent advertising, promotion and
11 sales throughout the U.S., the GO WALK Trade Dress and D'LITES Trade Dress have
12 acquired distinctiveness and enjoy secondary meaning among consumers, identifying
13 Skechers as the source of its products.
14 43. Skechers' extensive promotion of the distinctive GO WALK Trade Dress
15 and D'LITES Trade Dress have resulted in Skechers' acquisition of valuable, legally
16 protected rights in the GO WALK Trade Dress and in the D'LITES Trade Dress as well
17 as considerable customer goodwill.
18 44. The Easy Spirit's GO WALK Knock Off products have misappropriated the
19 GO WALK Trade Dress by mimicking a combination of several elements of this trade
20 dress.
21 45. The Easy Spirit's GO WALK Knock Off products have misappropriated the
22 D'LITES Trade Dress by mimicking a combination of several elements of this trade
23 dress.
24 46. Easy Spirit's manufacture and distribution of the GO WALK Knock Off
25 products with design features that mimic a combination of several elements of the GO
26 WALK Trade Dress are likely to cause confusion, cause mistake, or deceive consumers
27 as to the affiliation, connection, or association of the Easy Spirit brand with Skechers, or
28 as to the origin, sponsorship, or approval by Skechers of Easy Spirit's goods or
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1 commercial activities.
2 47. Easy Spirit's manufacture and distribution of the Easy Spirit D'LITES
3 Knock Off products with design features that mimic a combination of several elements
4 of the D'LITES Trade Dress are likely to cause confusion, cause mistake, or deceive
5 consumers as to the affiliation, connection, or association of the Easy Spirit brand with
6 Skechers, or as to the origin, sponsorship, or approval by Skechers of Easy Spirit's goods
7 or commercial activities.
9 products with design features that mimic a combination of several elements of the GO
10 WALK Trade Dress enable Easy Spirit to benefit unfairly from Skechers' reputation and
11 success, thereby giving Easy Spirit's infringing products sales and commercial value
12 they would not otherwise enjoy.
13 49. Easy Spirit's manufacture and distribution of the D'LITES Knock Off
14 products with design features that mimic a combination of several elements of the
15 D'LITES Trade Dress enable Easy Spirit to benefit unfairly from Skechers' reputation
16 and success, thereby giving Easy Spirit's infringing products sales and commercial value
17 they would not otherwise enjoy.
18 50. Easy Spirit's actions constitute unfair competition and false designation of
19 origin in violation of Section 43(a) of the Lanham Act, 15 U.S.C. § 1125(a).
20 51. On information and belief, Easy Spirit knew of Skechers' GO WALK Trade
21 Dress when it designed its GO WALK Knock Off products and has continued to make
22 unauthorized use of several GO WALK features in its on-going manufacture and
23 distribution. Easy Spirit's infringement is intentional, willful, and without regard to
24 Skechers' rights in the GO WALK Trade Dress.
25 52. On information and belief, Easy Spirit knew of Skechers' D'LITES Trade
26 Dress when it designed its D'LITES Knock Off products and has continued to make
27 unauthorized use of several D'LITES features in its on-going manufacture and
28 distribution. Easy Spirit's infringement is intentional, willful, and without regard to
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1 Skechers' rights in the D'LITES Trade Dress.

2 53. Skechers is informed and believes, and on that basis alleges, that Easy Spirit
3 has gained profits by virtue of its infringement of the GO WALK Trade Dress and of the
4 D'LITES Trade Dress.
5 54. Skechers has sustained damages as a direct and proximate result of Easy
6 Spirit's infringement of the GO WALK Trade Dress and of the D'LITES Trade Dress in
7 an amount to be proven at trial.
8 55. Skechers has been and will continue to be irreparably harmed and damaged
9 by Easy Spirit's conduct insofar as Skechers' invaluable goodwill is being eroded by
10 Easy Spirit's continuing infringement, and Skechers lacks an adequate remedy at law to
11 compensate for this harm and damage.
12 56. Pursuant to 15 U.S.C. § 1116, Skechers is entitled to injunctions against
13 Easy Spirit's continuing infringement of the GO WALK Trade Dress and of the D'LITES
14 Trade Dress. Unless enjoined, Easy Spirit will continue its infringing conducts.
15 57. As Easy Spirit's actions have been willful, Skechers is entitled to Easy
16 Spirit's profits, treble Skechers' actual damages, an award of costs, and, this being an
17 exceptional case, reasonable attorneys' fees pursuant to 15 U.S.C. § 1117(a).
18
19 SECOND CLAIM FOR RELIEF
20 [Federal Trade Dress Infringement – 15 U.S.C. § 1114]
25 WALK Trade Dress as embodied in the GO-WALK products and the Skechers D'LITES
27 Skechers D'LITES Trade Dress are not functional.
28 ///
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1 60. The Easy Spirit GO WALK Knock Off products copies and infringes the
2 GO WALK Trade Dress.
3 61. The Easy Spirit D'LITES Knock Off products copies and infringes the
6 products with design features that copies a combination of several elements of the GO
7 WALK Trade Dress are likely to cause confusion, cause mistake, or deceive the
8 consumer as to the affiliation, connection, or association of the Easy Spirit brand with
9 Skechers, or as to the origin, sponsorship, or approval by Skechers of Easy Spirit's goods
10 or commercial activities.
12 products with design features that copies a combination of several elements of the
13 D'LITES Trade Dress are likely to cause confusion, cause mistake, or deceive consumers
14 as to the affiliation, connection, or association of the Easy Spirit brand with Skechers, or
15 as to the origin, sponsorship, or approval by Skechers of Easy Spirit's goods or
16 commercial activities.
18 products with product design features that mimic a combination of several elements of
19 the GO WALK Trade Dress enable Easy Spirit to benefit unfairly from Skechers'
20 reputation and success, thereby giving Easy Spirit's infringing products sales and
21 commercial value they would not otherwise enjoy.
23 products with product design features that mimic a combination of several elements of
24 the D'LITES Trade Dress enable Easy Spirit to benefit unfairly from Skechers'
25 reputation and success, thereby giving Easy Spirit's infringing products sales and
26 commercial value they would not otherwise enjoy.
27 66. Easy Spirit's unauthorized use of a trade dress for its GO WALK Knock Off
28 products that infringes the GO WALK Trade Dress is likely to deceive or to cause
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1 confusion or mistake among consumers as to the origin, sponsorship, or approval of the

2 GO WALK Knock Off products and/or to cause confusion or mistake as to any
3 affiliation, connection, or association between Skechers and Easy Spirit, in violation of
4 15 U.S.C. § 1114(a).
5 67. Easy Spirit's unauthorized use of a trade dress for its D'LITES Knock Off
6 products that infringes the D'LITES Trade Dress is likely to deceive or to cause
7 confusion or mistake among consumers as to the origin, sponsorship, or approval of the
8 D'LITES Knock Off products and/or to cause confusion or mistake as to any affiliation,
9 connection, or association between Skechers and Easy Spirit, in violation of 15 U.S.C. §
10 1114(a).
11 68. Skechers is informed and believes, and on that basis alleges, that Easy
12 Spirit's infringements of the GO WALK Trade Dress and of the D'LITES Trade Dress as
13 described herein have been and continues to be intentional, willful, and without regard to
14 Skechers' rights in the GO WALK Trade Dress and in the D'LITES Trade Dress.
16 has gained profits by virtue of its infringement of the GO WALK Trade Dress and of the
18 70. As a direct and proximate result of these acts, Easy Spirit has received, and
19 will continue to profit from, the success of the Skechers GO WALK Trade Dress and
22 Spirit's infringements of the GO WALK Trade Dress and D'LITES Trade Dress in an
23 amount to be proven at trial.
24 72. Skechers has been and will continue to be irreparably harmed and damaged
25 by Easy Spirit's conduct insofar as Skechers' invaluable goodwill is being eroded by
26 Easy Spirit's continuing infringement, and Skechers lacks an adequate remedy at law to
27 compensate for this harm and damage.
28 ///
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1 73. Pursuant to 15 U.S.C. § 1116, Skechers is entitled to an injunction against

2 Easy Spirit's continuing infringement of the GO WALK Trade Dress and of the D'LITES
3 Trade Dress. Unless enjoined, Easy Spirit will continue its infringing conduct.
5 Spirit's profits, treble Skechers' actual damages, an award of costs, and, this being an
7
8 THIRD CLAIM FOR RELIEF
9 [Federal Trade Dress Dilution – 15 U.S.C. § 1125(c)]
14 WALK Trade Dress as embodied in the GO-WALK products and the Skechers D'LITES
16 Skechers D'LITES Trade Dress have acquired secondary meaning and are not functional.
17 77. Based on extensive and consistent advertising, promotion and sales
18 throughout the U.S., the GO WALK Trade Dress and the D'LITES Trade Dress are
19 famous. Both serve to identify Skechers as the source of Skechers' products.
20 78. The Easy Spirit GO WALK Knock Off products have misappropriated the
21 GO WALK Trade Dress by mimicking a combination of several elements of the GO
22 WALK Trade Dress.
23 79. The Easy Spirit D'LITES Knock Off products have misappropriated the
24 D'LITES Trade Dress by mimicking a combination of several elements of the D'LITES
25 Trade Dress.
28 GO WALK Trade Dress are likely to cause dilution by blurring of the famous Skechers
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1 GO WALK Trade Dress.

4 D'LITES Trade Dress are likely to cause dilution by blurring of the famous Skechers
6 82. Easy Spirit's actions constitute dilution in violation of Section 43(c) of the
7 Lanham Act, 15 U.S.C. § 1125(c).
8 83. On information and belief, Skechers alleges, that Easy Spirit's dilution of
9 the GO WALK Trade Dress and of the D'LITES Trade Dress as described herein have
10 been and continues to be intentional, willful, and without regard to Skechers' rights in
11 the GO WALK Trade Dress and in the D'LITES Trade Dress.
13 has gained profits by virtue of its dilution of the GO WALK Trade Dress and of the
19 Spirit's dilution of the GO WALK Trade Dress and D'LITES Trade Dress in an amount
20 to be proven at trial.
21 87. Skechers will suffer and is suffering irreparable harm from Easy Spirit's
22 dilution of the GO WALK Trade Dress and D'LITES Trade Dress insofar as Skechers'
23 invaluable trade dress and goodwill is being eroded by Easy Spirit's continuing sales of
24 the GO WALK Knock Off and the D'LITES Knock Off products that mimic the GO
25 WALK Trade Dress and D'LITES Trade Dress, respectively. Skechers has no adequate
26 remedy at law to compensate it for the loss of business reputation, customers, market
27 position, and goodwill and confusion of potential customers flowing from Easy Spirit's
28 infringing activities.
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1 88. Pursuant to 15 U.S.C. § 1116, Skechers is entitled to an injunction against

2 Easy Spirit's continuing dilution of the GO WALK Trade Dress and of the D'LITES
3 Trade Dress. Unless enjoined, Easy Spirit will continue its illegal conduct.
5 Spirit's profits, treble Skechers' actual damages, an award of costs, and this being an
7
8 FOURTH CLAIM FOR RELIEF
9 [Unfair Business Practices - California Business and Professions
10 Code §17200, et seq.]
14 91. The acts of Easy Spirit described above constitute fraudulent and unlawful
15 business practices as defined by California Business & Professions Code § 17200, et seq.
16 92. Skechers has valid and protectable prior rights in the GO WALK Trade
17 Dress and D'LITES Trade Dress. The GO WALK Trade Dress and D'LITES Trade
18 Dress do not serve any function other than to identify Skechers as the source of its
19 footwear products. The GO WALK Trade Dress and D'LITES Trade Dress have
20 acquired distinctiveness, and, through Skechers' long use, have come to be associated
21 solely with Skechers as the source of the products on which they are used.
22 93. Easy Spirit's uses of its infringing trade dresses are likely to cause
23 confusion as to the source of GO WALK Knock Off and D'LITES Knock Off products
24 and are likely to cause others to be confused or mistaken into believing that there is a
25 relationship between Easy Spirit and Skechers or that Easy Spirit's products are affiliated
26 with or sponsored by Skechers.
27 94. The above-referenced acts and practices by Easy Spirit are likely to mislead
28 or deceive the general public and therefore constitute fraudulent business practices in
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1 violation of California Business & Professions Code § 17200, et seq.

2 95. The above-referenced acts constitute unfair competition under Section 43(a)
3 of the Lanham Act, 15 U.S.C. § 1125(a), trade dress dilution in violation of Section
4 43(c) of the Lanham Act, 15 U.S.C. § 1125(c), and trade dress infringement under
5 Section 32 of the Lanham Act, 15 U.S.C. § 1114, and are therefore unlawful acts in
6 violation of California Business & Professions Code § 17200, et seq.
7 96. Easy Spirit acted willfully and intentionally in designing its infringing trade
8 dresses with full knowledge of Skechers' prior rights in the distinctive GO WALK Trade
9 Dress and D'LITES Trade Dress, and with an intent to cause confusion or mistake or to
10 deceive customers into believing that there is an affiliation between Easy Spirit and
11 Skechers or between Easy Spirit's footwear products and Skechers' products.
12 97. The unlawful and fraudulent business practices of Easy Spirit described
13 above present a continuing threat to, and are meant to deceive members of, the public in
14 that Easy Spirit continues to promote its products by wrongfully trading on the goodwill
15 of the Skechers GO WALK Trade Dress and D'LITES Trade Dress.
19 99. As a direct and proximate result of Easy Spirit's wrongful conduct,
20 Skechers has been injured in fact and has lost money and profits, and such harm will
21 continue unless Easy Spirit's acts are enjoined by the Court. Skechers has no adequate
22 remedy at law for Easy Spirit's continuing violation of Skechers' rights.
23 ///
24 ///
25 ///
26 ///
27 ///
28 ///
-19-
1 REQUEST FOR RELIEF

2 WHEREFORE, Plaintiffs Skechers U.S.A., Inc. and Skechers U.S.A., Inc. II pray
3 for judgment as follows:
4 1. An order preliminarily and permanently enjoining Easy Spirit and its
5 officers, directors, agents, servants, employees, affiliates, attorneys, and all others acting
6 in privity or in concert with them, and their subsidiaries, divisions, successors and
7 assigns, from directly or indirectly infringing or diluting the Skechers GO WALK Trade
8 Dress and D'LITES Trade Dress, or using any other product design or designation
9 similar to or likely to cause confusion with or to dilute the GO WALK Trade Dress and
10 D'LITES Trade Dress; from passing off Easy Spirit's knock off products as being
11 associated with and/or sponsored or affiliated with Skechers; from committing any other
12 unfair business practices directed toward obtaining for themselves the business and
13 customers of Skechers; and from committing any other unfair business practices directed
14 toward devaluing or diminishing the brand or business of Skechers;
15 2. An order compelling Easy Spirit to impound for destruction all shoes,
16 boxes, labels, tags, signs, packages, advertising, promotional materials, or other
17 materials in possession or under the control of Skechers that are infringe or dilute any of
18 Skechers' trade dresses, or that otherwise unfairly compete with Skechers and its
19 products;
20 3. Actual Damages suffered by Skechers as a result of Easy Spirit's unlawful
21 conduct, in an amount to be proven at trial, as well as prejudgment interest as authorized
22 by law;
23 4. An accounting of Easy Spirit's profits pursuant to 15 U.S.C. §§ 1114 and
24 1117;
25 5. A judgment trebling any damages award pursuant to 15 U.S.C. §§ 1114 and
26 1117.
27 6. Punitive damages pursuant to California Civil Code §3294;
28 7. An award for Skechers' costs and reasonable attorneys' fees; and
-20-
1 8. Any other remedy to which Skechers may be entitled, including all

2 remedies provided for in 15 U.S.C. §§ 1114, 1116, 1117, and California Business and
3 Professions Code § 17200, et seq., and under any other law that this Court may deem
4 just and proper.
5
6 KLEINBERG & LERNER, LLP
7
March 21, 2019 By: /marshall a. lerner/
8 Marshall A. Lerner
9 Vivian Z. Wang
Steven J. Kim
10
Attorneys for Plaintiffs Skechers U.S.A., Inc.
11 and Skechers U.S.A., Inc. II
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
-21-
1 DEMAND FOR JURY TRIAL

2 Pursuant to Rule 38(b) of the Federal Rules of Civil Procedure and Local Rule 38-
3 1, plaintiffs Skechers U.S.A., Inc. and Skechers U.S.A., Inc. II demand a trial by jury of
4 any and all issues triable of right by a jury pursuant to the Seventh Amendment to the
5 United States Constitution or as given by a statute of the United States.
6
7 KLEINBERG & LERNER, LLP
8
9
10
March 21, 2019 By: /marshall a. lerner/
11
Marshall A. Lerner
12 Vivian Z. Wang
13
Steven J. Kim
Attorneys for Plaintiffs Skechers U.S.A., Inc.
14
and Skechers U.S.A., Inc. II
15
16
17
18
19
20
21
22
23
24
25
26
27
28
-22-
Case 2:19-cv-02141 Document 1-1 Filed 03/21/19 Page 1 of 3 Page ID #:24
EXHIBIT 1
3/18/2019 Case 2:19-cv-02141 SKECHERS
DocumentNamed Company
1-1 Filedof the Year by Footwear
03/21/19 Page News
2 |ofBusiness
3 Page Wire ID #:25
SKECHERS Named Company of the Year by Footwear News

October 27, 2014 09:30 AM Eastern Daylight Time
MANHATTAN BEACH, Calif.--(BUSINESS WIRE)--SKECHERS USA, Inc. (NYSE:SKX), a global leader in the footwear
industry, today announced that it has been named 2014 Company of the Year by the leading trade publication Footwear
News in its annual FN Achievement Awards. This prestigious honor follows Footwear News naming Skechers GO as
Brand of the Year at the awards in 2013.
“We are truly honored to be named Company of the Year by Footwear News. When SKECHERS first won this top award in
1998, we felt the Company was in an incredible position with great growth potential as a leader in the lifestyle footwear
world,” began Michael Greenberg, president of SKECHERS. “That proved to be true, but 16 years later SKECHERS is a
different brand and company. We have redefined our brand with innovative lines that make comfort stylish, and our global
sales driven by our in-demand footwear—coupled with this Company of the Year recognition—is a testament to the entire
organization that has made this happen, as well as our supportive partners around the world.”
“SKECHERS continues to demonstrate complete mastery of the marketplace by offering the right product at the right price
at the right time,” said Michael Atmore, Editorial Director, Footwear News. “A strong management team and powerful
numbers reflect a tightly run organization that knows how to mine every opportunity in a rapidly changing retail
environment.”
“With three consecutive record quarters, SKECHERS is on track to reach a new annual revenue record for 2014. This is
due to our diverse product offering and on-target marketing that has lead to growth in our domestic and international
wholesale businesses plus our Company-owned retail business,” said Robert Greenberg, CEO of SKECHERS. “We are
designing the most innovative collection of footwear in the Company’s history. We have a respected and recognized group
of celebrities that are now supporting our brand – from sports legends like Joe Namath and Meb Keflizighi, to music
powerhouses like Demi Lovato and Ringo Starr, among others. We are proud of all that we have achieved, but we believe
this is just the beginning. We won’t be resting on the laurels of this success as we plan to continue running full throttle
across the board to make 2015 our best year ever.”
SKECHERS offers two distinct footwear categories: a lifestyle division which offers comfort-focused trend-right product for
men, women and kids including Relaxed Fit®, Skechers Memory Foam footwear and the philanthropic line BOBS from
SKECHERS, and the Skechers Performance Division which includes Skechers GOrun and Skechers GOwalk footwear.
Celebrity product endorsees for SKECHERS' collections include legendary drummer Ringo Starr, multi-platinum recording
artist Demi Lovato, model and actress Kelly Brook, TV personality Brooke Burke-Charvet, legendary quarterbacks Joe
Montana and Joe Namath, baseball stars Pete Rose and Mariano Rivera, as well as The Voice winner Danielle Bradbery.
In addition, elite marathon champion and Boston Marathon winner Meb Keflezighi, elite runner Kara Goucher, and pro
golfer Matt Kuchar represent the Skechers Performance Division.
https://www.businesswire.com/news/home/20141027005175/en/SKECHERS-Named-Company-Year-Footwear-News 1/2
3/18/2019About SKECHERS USA, Inc.
Case 2:19-cv-02141 SKECHERS
DocumentNamed Company
1-1 Filedof the Year by Footwear
03/21/19 Page News
3 |ofBusiness
3 Page Wire ID #:26
SKECHERS USA, Inc. (NYSE:SKX), based in Manhattan Beach, California, designs, develops and markets a diverse
range of lifestyle footwear for men, women and children, as well as performance footwear for men and women.
SKECHERS footwear is available in the United States via department and specialty stores, Company-owned SKECHERS
retail stores and its e-commerce website, and in over 100 countries and territories through the Company’s international
network of subsidiaries in Canada, Brazil, Chile, Japan, and across Europe, as well as through joint ventures in Asia and
distributors around the world. For more information, please visit skechers.com, and follow us on Facebook
(facebook.com/SKECHERS) and Twitter (twitter.com/SKECHERSUSA).
This announcement contains forward-looking statements that are made pursuant to the safe harbor provisions of the
Private Securities Litigation Reform Act of 1995. These forward-looking statements include, without limitation, the
Company’s future growth, financial results and operations, backlogs and its development of new products, future demand
for its products and growth opportunities, its planned opening of new stores, advertising and marketing initiatives, and the
expansion and automation plans for the Company’s European Distribution Center. Forward-looking statements can be
identified by the use of forward looking language such as “believe,” “anticipate,” “expect,” “estimate,” “intend,” “plan,”
“project,” “will be,” “will continue,” “will result,” “could,” “may,” “might,” or any variations of such words with similar
meanings. Any such statements are subject to risks and uncertainties that could cause actual results to differ materially
from those projected in forward-looking statements. Factors that might cause or contribute to such differences include the
resignation of the Company’s former independent registered public accounting firm, and its withdrawal of its audit reports
with respect to certain of the Company’s historical financial statements; international, national and local general economic,
political and market conditions including the ongoing global economic slowdown and market instability; entry into the highly
competitive performance footwear market; sustaining, managing and forecasting costs and proper inventory levels; losing
any significant customers, decreased demand by industry retailers and cancellation of order commitments due to the lack
of popularity of particular designs and/or categories of products; maintaining brand image and intense competition among
sellers of footwear for consumers; anticipating, identifying, interpreting or forecasting changes in fashion trends, consumer
demand for the products and the various market factors described above; sales levels during the spring, back-to-school
and holiday selling seasons; and other factors referenced or incorporated by reference in the Company’s annual report on
Form 10-K for the year ended December 31, 2013, and its Form 10-Q for the quarter ended June 30, 2014. The risks
included here are not exhaustive. The Company operates in a very competitive and rapidly changing environment. New
risks emerge from time to time and the companies cannot predict all such risk factors, nor can the companies assess the
impact of all such risk factors on their respective businesses or the extent to which any factor, or combination of factors,
may cause actual results to differ materially from those contained in any forward-looking statements. Given these risks and
uncertainties, you should not place undue reliance on forward-looking statements as a prediction of actual results.
Moreover, reported results should not be considered an indication of future performance.
Contacts
SKECHERS USA, Inc.
Jennifer Clay, 310-937-1326
https://www.businesswire.com/news/home/20141027005175/en/SKECHERS-Named-Company-Year-Footwear-News 2/2
EXHIBIT 2
3/18/2019 SKECHERSDocument
Case 2:19-cv-02141 Named Fashion1-2
BrandFiled
of the Year at the Footwear
03/21/19 PageIndustry
2 ofAwards | Business
3 Page IDWire
#:28
SKECHERS Named Fashion Brand of the Year at the Footwear

Industry Awards
April 25, 2014 02:20 PM Eastern Daylight Time
LONDON--(BUSINESS WIRE)--SKECHERS USA, Inc. (NYSE:SKX) today announced that it was named Fashion
Footwear Brand of the Year at The Footwear Industry Awards. This achievement follows a year when SKECHERS won
multiple industry awards in the United States, including: Running Design Excellence and Children’s Design Excellence
from Footwear Plus magazine and Footwear News Brand of the Year for the Skechers GO collection. The most recent
honor is SKECHERS’ second consecutive win at The Footwear Industry Awards; the Skechers Performance Division was
previously named Sports Brand of the Year in 2013.
Peter Youell, Managing Director of SKECHERS UK and Ireland commented: “This achievement reaffirms SKECHERS’
heritage as a leading lifestyle and fashion footwear brand, and reflects the strong foundation of our business. We are
extremely proud to receive this recognition from The Footwear Industry Awards, especially amongst such notable brands
that were nominated in our categories. Building on this momentum into 2014, SKECHERS will continue to develop
fashionable, on-trend footwear across our women’s, men’s and kids divisions.”
The prestigious annual awards event was held in February during the Moda Footwear Show and organized by Datateam
Business Media with the support of the British Footwear Association (BFA), Independent Footwear Retailers Association
(IFRA), Society of Shoe Fitters and Footwear Today.
Cheryl Taylor, Editor of Footwear Today Magazine commented: "I was delighted that Skechers won the Fashion Forward
Brand Of The Year Award at the Footwear Industry Awards event in February 2014. Skechers has one of the widest and
most exciting fashion ranges currently on offer in the UK, offering cutting edge designs for all the family. Take the
(SKECHERS) GoWalk for example, they're smooth, they're streamlined and really rather radical. Many styles come in
deliciously bright colours and wouldn't look out of place on the catwalk, yet they are incredibly light and boy, are they
comfortable! Good job Skechers!"
The Footwear Industry Awards recognize excellence at every level, and SKECHERS won over a strong competitive field
that included Clarks, Fly London and Gabor. In addition, SKECHERS was highly commended in the Comfort and Wellness
footwear category alongside Clarks and Ecco.
About SKECHERS USA, Inc.
SKECHERS USA, Inc. (NYSE:SKX), based in Manhattan Beach, California, designs, develops and markets a diverse
range of lifestyle footwear for men, women and children, as well as performance footwear for men and women.
SKECHERS footwear is available in the United States via department and specialty stores, Company-owned SKECHERS
retail stores and its e-commerce website, and in over 100 countries and territories through the Company’s international
https://www.businesswire.com/news/home/20140425005730/en/SKECHERS-Named-Fashion-Brand-Year-Footwear-Industry 1/2
3/18/2019networkCase
of subsidiaries in Canada,
2:19-cv-02141SKECHERSBrazil,
NamedChile,
Document Japan,
Fashion and
Brand
1-2 ofacross Europe,
the Year
Filed as well
at the Footwear
03/21/19 Pageas through
Industry 3jointPage
3 ofAwards ventures
| Business in
IDWireAsia and
#:29
distributors around the world. For more information, please visit skechers.co.uk, and follow us on Facebook
(facebook.com/SKECHERS) and Twitter (https://twitter.com/SKECHERS_UK).
This announcement contains forward-looking statements that are made pursuant to the safe harbor provisions of the
Private Securities Litigation Reform Act of 1995. These forward-looking statements include, without limitation, the
Company’s future growth, financial results and operations, its development of new products, future demand for its products
and growth opportunities, and its planned opening of new stores, advertising and marketing initiatives. Forward-looking
statements can be identified by the use of forward looking language such as “believe,” “anticipate,” “expect,” “estimate,”
“intend,” “plan,” “project,” “will be,” “will continue,” “will result,” “could,” “may,” “might,” or any variations of such words with
similar meanings. Any such statements are subject to risks and uncertainties that could cause actual results to differ
materially from those projected in forward-looking statements. Factors that might cause or contribute to such differences
include the resignation of the Company’s former independent registered public accounting firm, and its withdrawal of its
audit reports with respect to certain of the Company’s historical financial statements; international, national and local
general economic, political and market conditions including the ongoing global economic slowdown and market instability;
consumer preferences and rapid changes in technology in the highly competitive performance footwear market; sustaining,
managing and forecasting costs and proper inventory levels; losing any significant customers, decreased demand by
industry retailers and cancellation of order commitments due to the lack of popularity of particular designs and/or
categories of products; maintaining brand image and intense competition among sellers of footwear for consumers;
anticipating, identifying, interpreting or forecasting changes in fashion trends, consumer demand for the products and the
various market factors described above; sales levels during the spring, back-to-school and holiday selling seasons; and
other factors referenced or incorporated by reference in the Company’s annual report on Form 10-K for the year ended
December 31, 2013. The risks included here are not exhaustive. The Company operates in a very competitive and rapidly
changing environment. New risks emerge from time to time and the companies cannot predict all such risk factors, nor can
the companies assess the impact of all such risk factors on their respective businesses or the extent to which any factor, or
combination of factors, may cause actual results to differ materially from those contained in any forward-looking
statements. Given these risks and uncertainties, you should not place undue reliance on forward-looking statements as a
prediction of actual results. Moreover, reported results should not be considered an indication of future performance.
Contacts
SKECHERS UK/Ireland
Nicola Zachariades, 01707655955
nicolaz@eu.skechers.com
https://www.businesswire.com/news/home/20140425005730/en/SKECHERS-Named-Fashion-Brand-Year-Footwear-Industry 2/2
EXHIBIT 3
3/21/2019 Here's Why
Case 2:19-cv-02141 Document 1-3 Skechers
FiledAre the Next It-Shoe
03/21/19 Page| HYPEBAE
2 of 4 Page ID #:31
"
The Next
Generation Galaxy
The Resurrection of Skechers: Here's Why

They're About to Become the New It-Shoes
of 2018
Future as bright as my light-up Skechers.
1 of 2
@LLIFEISAPIGSTY
FOOTWEAR Jan 16, 2018 55.9K
By Tora Northman
If we had to choose one trend to define 2017, it would be the rise of the chunky
sneaker. With brands like Balenciaga, Acne Studios, Gucci and Louis Vuitton creating
their own versions of the so-called “dad sneaker,” the eye-catching silhouettes quickly
https://hypebae.com/2018/1/skechers-chunky-sneaker-trend-forecast 1/9
3 of 4 Page ID #:32
became the must-have pieces for fashion and streetwear enthusiasts alike. Entering
2018, the trend has been as strong as ever, and it seems like “ugly” has really
become the new cool.
The resurrection of ’90s brands like Kappa and FILA has paved the way for the next
big trend – Skechers. This year, we’re stepping it up a notch from dad sneakers to the
ultimate grandpa sneaker. If this comes as a surprise to you, allow me to explain.
1 of 3
@AMAIYUU
Founded in the early 1990s, Skechers was established as an “American lifestyle and
performance footwear company for men, women and children” putting comfort first. It
quickly became a popular sportswear brand, and spread around the world. Eventually,
there was a shift. Brands like Nike and adidas began exploring a new approach to
design and dominated the market, and Skechers began to fade away. Fast forward to
present-day, Skechers hasn’t had an upswing since the early 2000s (unless you count
all the light-up Skecher memes out there) but the time has come.
Throughout the past few years, we’ve seen Vans and Converse begin to gain back a
lot of momentum with old silhouettes and designs gaining popularity again, and it is
only a matter of time before the new it-sneaker will be grandpa-approved. The year
has only just began, and we’ve already seen Skechers Korea embark on a successful
collaboration with the Japanese anime One Piece. Streetstyle icons are beginning to
incorporate the brand into their closets, as well as their Instagram feeds, and we’re
seeing brand-new Skecher designs that are street style approved. Reminiscent of the
FILA Disruptor silhouette and Nike’s Air Max 95, Skecher’s re-vamped sneakers are
about to blow up.
1 of 5
4 of 4 Page ID #:33
SKECHERS
Not only is the brand stepping up their game by adding new, modern silhouettes like
the D’Lites pictured above, it is also tapping talent like Camila Cabello to front the
brand. The new strategy is all about the current trends, targeting the innovators and
trend pioneers out there and appealing to a broader audience – not just your grandpa.
By exploring fashion’s obsession with the unconventional, Skechers are about to
become the next it-shoe before you know it.
If you want to get on the trend early, you better hurry. Forget about the Balenciaga
Triple-S and Gucci’s Phydon sneaker, because these shoes are about to blow up, and
remember – you heard it here first.
IMAGE CREDIT SKECHERS
EDITORIALS SKECHERS
1 Comment HYPEBEAST 
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EXHIBIT 4


SPONSORED STORY
Digging Into Skechers’ Undeniable Influence on the Chunky

Sneaker Trend
By Sachin Bhola in Style  Jun 22, 2018
   
One of the most talked-about trends in footwear today is the chunky sneaker. Their soles are
block-like, their colorways are generally retro, and they defy what we consider to be in good
taste, and that’s why they’ve been aptly dubbed dad sneakers and ugly sneakers. So for a
shoe that’s not always particularly flattering, their popularity can be perplexing.
How we’ve arrived at this moment in fashion, however, isn’t entirely unclear. Our appetite
for ’90s and ’00s culture hasn’t been satiated: we continue to reboot television shows, listen
to throwbacks as if time hasn’t passed, and dress in manners that evoke nostalgic memories
of our youth. That’s one reason why chunky sneakers have been given permission to exist in
2018, and why some brands have successfully revived the style. Look no further than
Balenciaga’s Triple S sneakers, an $850 shoe that regularly sells out, as proof. Look even
closer, and you’ll discover a nod to one of the original chunky sneakers of the ’00s:
Skechers’ D’Lites.
As Highsnobiety’s footwear editor, Chris Danforth, commented in September 2017: “It’s hard

to refute the clear similarities between Balenciaga’s Triple S and Skechers’ D’Lites silhouette.
The rubber toe cap, heel tab, midsole arch, and treaded outsole all begin to form the case,
but it’s really the Triple S tongue branding that makes any comparison difficult to refute. The
typography used by Balenciaga may as well have come from the Skechers branding
manual.” Not only are the comparisons fair, but the D’Lites rightfully have a place in a
conversation about chunky sneakers.
The D’Lites first hit the market in October 2007 and were introduced as a lightweight version
of Skechers’ Energy and Premium sneakers. “It was only sold in the U.S. even though it was
still one of Skechers’ top-selling shoe styles at that moment,” Brian Shim, the head of
Skechers product team in Korea, tells me over email. Throughout the years, the D’Lites
found success overseas in countries including China and Korea. “In 2016, we introduced
D’Lites 2, also known as Flow Rider, and a retro basketball-inspired D’Lites Train. For this
launch, we used EXO, which was the top Korean boy band as spokespersons, and the result
was phenomenal,” Shim recalls. Skechers’ influence on footwear is undeniable, whether
stateside or globally; in fact, it’s the third-largest athletic footwear brand in the U.S., and
many other markets, earning more than $4.16 billion last year.
While it’s easy to credit those numbers to the unwashed masses, fashion’s and streetwear’s
present-day acceptance of chunky sneakers as likable has paved the way for D’Lites to tiptoe
onto street style blogs and Instagram feeds. Again: Why? Well, there’s more to it than just a
fixation with the ’90s and ’00s. Famed fashion journalist Suzy Menkes once described
Prada’s Spring/Summer 1999 collection as ugly—ugly to the eye that’s used to seeing
beautiful things, that is. She explained that it wasn’t ugly, of course, but that it was a style of
dressing our eyes weren’t accustomed to seeing at the time (a high-fashion athleisure, to be
specific). Menkes’ notion of ugly helps explain the rise of chunky sneakers. In the way that
high-low dressing creates a beautiful tension between aspirational and accessible (say, a
Saint Laurent suede harness boot with Gap jeans), so does pairing what we perceive to be
ugly with what we perceive to be tasteful (say, Skechers’ D’Lites with a Jil Sander suit). The
resulting style is baffling, ironic, and individual.
“I think as streetwear does become more mainstream, and brands like Palace, Supreme, and
BAPE are adopted by the mainstream, certain people will cosign alternative brands to stand
out. Skechers is one of those brands,” Danforth tells me via email. “Many sneakerheads
today are chasing the same releases and the same shoes, so a brand that is somewhat
against the grain, like Skechers, it might be a refreshing brand to wear. Someone wearing
Skechers is probably a person who is trying to establish themselves as alternative.”
Skechers, fully aware of the chunky sneaker trend, is now gearing up to release the D’Lites
3, a more trend-driven version of the original design, which, for the first time, will be
launched globally instead of being exclusive to a country. The silhouette features a chunkier
outsole and an updated upper. “Brands like FILA, PUMA, adidas, and even Nike all have
shoes in the market that can relate to this trend,” states Shim. “This is something that
Skechers has been known for since the brand started, and we will continue to make this one
of our iconic shoes in the future.”
While we may not be nostalgic for images of Britney Spears and Christina Aguilera
modeling Skechers, the D’Lites, amidst fashion’s current climate, may just make an
unexpected return.
Enter email address 
Photographer: Timothy Schaumburg

Styling: Dogukan Nesanir
Producer: Ufuk Inci
Hair: Dusan Petrovic
Makeup: Susanna Jonas
Model: Amra Novak
Model: Elvis Vos
Model: Sidney Schobert
Words by Sachin Bhola

Branded Content Editor
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iconic and retro Skechers D’Lites line.
MidwayUSA
Declared the “It Shoe Of 2018” earlier this year Promotes
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Industry With
“Skechers is the original chunky sneaker
New Brand
dating back nearly two decades, and we love Partners March
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that so many designers are choosing to
coordinate Skechers D’Lites with their new Esports Set To
Take Off March 18,
collections. From in uencers around the 2019
globe to fashion press to the runways this
week, Skechers D’Lites is in-demand and on-
ARCHIVES
trend with a uniquely Skechers level of
comfort that people love.” – Robert
Select Month
Greenberg, CEO, Skechers
—•—
CATEGORIES
S
kechers may not be a fashion brand,
Select Category
and traditional runway brands may
not see Skechers as a competitor in
the fashion space, but to consumers with a
careful eye toward fashion week here in the
states and abroad, it continues to feel like the
lines are blurred.
The seven shows that featured models

wearing Skechers D’Lites included Hardware
LDN, FTL Moda, Mery Playa by So a Resing,
Tumbler and Tipsy by Michael Kuluva, DFBK:
Defend Brooklyn, Bonnie Bouche by Angela
Simmons and #Un ltered by Jessica Abo.
When outdoor apparel and haute couture

rst merged on the runways a decade or so
ago, it was disruptive. Today, the gap between
fashion and athletic has narrowed, driven by a
relaxation in professional and social dress
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#:49
codes, the way consumers view fashion and
mega sports stars with excess capital setting
the power of style.
Styles from the collection worn this week

include the classic black and white Skechers
D’Lites–Biggest Fan as well as select colors
from the Skechers D’Lites X One
Piece collaboration with the acclaimed anime
series.
Skechers pioneered the chunky sneaker look

two decades ago with the Skechers Energy
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#:50
for men and women as well as the Skechers
Stamina for men.
The style evolved, and the brand introduced

Skechers D’Lites—a lighter version of its
original style—in 2007. Though the collection
has always had a dedicated consumer base,
popularity accelerated across Asia over the
last two years after regional marketing
included K-Pop groups.
The collection has since been featured on the

fashion editorial pages of Elle, Marie
Claire and GQ. And in 2017, the brand
relaunched an even lighter update of Skechers
D’Lites in celebration of its ten-year
anniversary.
Most, if not all, of the major fashion labels

have performance collections, but when you
add “in collaboration with” to a collection,
the fashion house now has an extension of the
brand’s label with the added effect of
legitimizing performance wear as everyday
clothing and acceptance in the mainstream.
As an add-on, this season’s New York Fashion

Week Gift bag, shown below and as the lead
image, features a co-branded tote
from STYLE 360 and Skechers, with a bevy of
products inside including Beach Babe Sea Salt
Spray, Foster Grant Sunglasses with a promo
code, Line 29 Wine Bag, Essential Water
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#:51
Bottle, Twin Medix skincare products and
Owyn Protein Drink.
The bags were placed on the front row of

each designer showing at Style 360 during
New York Fashion Week including but not
limited to Jessie James Decker’s Kittenish
Show, Rosario Dawson & Abrima Erwiah’s line
Studio 189, Angela Simmons’ athleisure line,
Bonnie Bouche and Sports Illustrated Model,
So a Resing’s swimsuit line Mery Playa.
The drawing to win one of the tote bags

closes October 18. Click here to enter.
Photos courtesy Skechers and Getty Images
8 of 8 ToPage
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Skechers USA v. Easy Spirit - Complaint

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Skechers USA v. Easy Spirit - Complaint

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Case 2:19-cv-02141 Document 1 Filed 03/21/19 Page 1 of 23 Page ID #:1

1 Marshall A. Lerner (State Bar No. 55,224)

1 Plaintiffs Skechers U.S.A., Inc. and Skechers U.S.A., Inc. II (collectively

1 FACTS IN SUPPORT OF SKECHERS' CLAIM

1 Sloping Ankle Collar that curves in and Same

1 Sweeping curves defined by bordering Same

1 FIRST CLAIM FOR RELIEF

1 Skechers' rights in the D'LITES Trade Dress.

1 confusion or mistake among consumers as to the origin, sponsorship, or approval of the

1 73. Pursuant to 15 U.S.C. § 1116, Skechers is entitled to an injunction against

1 GO WALK Trade Dress.

1 88. Pursuant to 15 U.S.C. § 1116, Skechers is entitled to an injunction against

1 violation of California Business & Professions Code § 17200, et seq.

1 REQUEST FOR RELIEF

1 8. Any other remedy to which Skechers may be entitled, including all

1 DEMAND FOR JURY TRIAL

SKECHERS Named Company of the Year by Footwear News

SKECHERS Named Fashion Brand of the Year at the Footwear

About SKECHERS USA, Inc.

The Resurrection of Skechers: Here's Why

FOOTWEAR Jan 16, 2018 55.9K

IMAGE CREDIT SKECHERS

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Skechers x NY Fashion Week … The

kechers hit this season’s New York Fashion

The seven shows that featured models

When outdoor apparel and haute couture

Styles from the collection worn this week

Skechers pioneered the chunky sneaker look

The style evolved, and the brand introduced

The collection has since been featured on the

Most, if not all, of the major fashion labels

As an add-on, this season’s New York Fashion

The bags were placed on the front row of

The drawing to win one of the tote bags

Photos courtesy Skechers and Getty Images

Sears Holdings Fashion Meets Soccer

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