Bellevue shoemaker Topline Corp. has a case going in the Western District against ten shoe sellers for federal trademark infringement, false designation of origin, common law trademark infringement, and violation of Washington’s Consumer Protection/Unfair Business Practices Act. Topline claims it sells its women’s shoes to Nordstrom, Macy’s, Victoria’s Secret, Kohl’s, and small fashion boutiques under the registered trademark FLIRT (Reg. No. 2283566). Topline alleges that defendants infringe its FLIRT mark by selling women’s shoes bearing the confusingly similar mark FLURT.
Defendant Houser Shoes recently admitted as much. On April 4, the Western District entered a Consent Decree and Dismissal in which Houser admitted that its FLURT shoes infringed Topline’s FLIRT mark and agreed to an injunction enjoining it from “purchasing, selling or marketing footwear bearing the marks FLURT, GOTTA FLURT, or other colorable imitations of Plaintiff’s FLIRT trademark.”
In exchange, Topline agreed to dismiss its claims against Houser without prejudice. Both parties agreed to bear their own costs in the litigation. The Consent Decree refers to a settlement agreement but does not disclose the terms. Judge Robert Lasnik entered the order.
Today, Topline and another defendant, Spoiled Rotten Boutique, submitted an identical Consent Decree with respect to Spoiled Rotten. Judge Lasnik presumably will enter it in short order.
The case is Topline Corp. v. Flurt Footwear, No. 07-00318.