Local lawsuit over ‘sketchy’ use of shoe slogan
“I went out in the marketplace looking for a super-soft, minimalist shoe. I couldn’t find what I was looking for,” says Palm Desert entrepreneur Terri Kelly.
Kelly fashioned a flip flop with minimalist design, claiming they pair perfectly with a yoga lifestyle, something she saw missing in the nearly 30-million-dollar yoga industry.
“I wanted a yoga pant for your feet, so I developed one,” Kelly explains. In March 2014, she filed a trademark for the phrase “Yoga Pants for Your Feet” with the United States Patent and Trademark Office. It is now a registered trademark.
One year after filing for the trademark, she was notified of a Skechers commercial using her slogan to describe a new shoe, promoted by Brooke Burke-Charvet.
“I cried,” Kelly said, holding back tears. “It was my words, my concept, my trademark.”
The commercial aired in March 2015. A few months prior, Skechers used the phrase to describe the shoe on various social media posts.
Kelly’s lawyer sent a cease and desist letter to the company.
“I did not go public with it. I wanted to keep it very quiet and private. I naively thought that once they were aware they were infringing, it would stop,” said Kelly, “and they didn’t.”
TerriKelly LLC is now suing Skechers for an unidentified amount in damages and infringement.
Click here for a copy of the complaint.
Refusing an on-camera interview, Skechers gave us this statement: “While we ordinarily do not comment on pending litigation, this warrants a response. Skechers categorically denies the allegations, and believes this case is nothing more than an attempt to trade on Skechers’ long track record of success. We look forward to vindicating our position in court.“
Kelly’s Trademark Attorney Lisa Martens says while Skechers is under new counsel and seems cooperative, the ad continues to run.
“Down the road people who don’t know of her product who knew of the Skechers use might think that she is trading off Skechers’ good will, and again, obviously she is not,” says Martens, “So that statement doesn’t really make sense to either of us.”
Kelly files orders from her kitchen, packs the shoes in her garage, and ships them from her laundry station. The mom of six says she refuses to be taken advantage of. She’s started a social media campaign using the hashtag “#defendourtrademarks” and it’s catching on among small business owners.
“I figured this out by myself. I took the steps required by law to protect my intellectual property, and I just can’t let a billion dollar company take it. It’s not right.”
