Skechers Accuses American Exchange Group of Infringing on ‘Scalloped Opening’ Shoe Designs

Skechers is accusing another shoe company of copying one its protected shoe designs.

The comfort footwear brand on Tuesday filed a complaint in the U.S. District Court in California that alleged that American Exchange Apparel Group (AEG) infringed on Skechers’ patents related to its “Scalloped Opening” shoe designs, a popular design element on Skechers’ flats.

Skechers said its shoes with scalloped openings, or a wavy cut pattern around the part of the shoe where the foot goes in, “have sold millions of pairs” and that AEG’s design infringes on nine of Skechers’ patents for this style.

“Based on these novel and unique designs and the proven popularity of the shoes that embody these designs, defendant AEG began making and selling a shoe that has the same scalloped opening as the patented Skechers Scalloped Opening designs,” Skechers alleged in the complaint.

Skechers added that AEG continued to sell the products after it had been notified about the alleged infringement. Skechers is seeking a ruling prohibiting the continued sale of the shoes in question and compensation for damages incurred.

FN reached out to AEG for comment. Skechers declined to comment.

The ruling marks the latest legal effort from Skechers to protect its shoe designs. The company has previously accused several shoe companies, including Laforst Shoes Inc. and Dockers by Gerli of copying its popular slip-in shoe designs.

In June, Skechers sued Steve Madden for allegedly copying one of its identifying design marks. And last April, Skechers reached a settlement with Hermès to end a patent lawsuit the footwear company brought against the French luxury brand last year, which alleged that the French fashion company infringed on two patents related to Massage Fit sole technology.

Skechers in February reported sales in line with its expectations for the fourth quarter and full year of 2023, but reported a slowdown in its wholesale channels. The Los Angeles-based footwear company reported Q4 sales of $1.96 billion, up 4.4 percent compared to the prior year. Net earnings were $87.2 million, with diluted earnings per share of 56 cents, up 16.7 percent from the prior year. For the full-year of 2023, Skechers achieved a record annual revenue of $8 billion, up 7.5 percent from the prior year and in line with its most recently provided outlook.