Columbus, OH—A federal court has dismissed Totes Isotoner’s lawsuit against R.G. Barry for alleged trademark infringement in its Dearfoams slipper collection.
The US. District Court for Southern Ohio dismissed the suit with prejudice, making it a final judgment on claims which were or could have been brought in the case.
Totes Isotoner had asked to court to bar R.G. Barry from selling its Dearfoams slippers to JCPenney after the department store dropped several Isotonoer brand slipper styles and replaced them with Dearfoams product.
In this lawsuit, Isotoner claimed that R.G. Barry infringed on its protected trade dress with regard to the satin ballerina slipper, the terry ballerina-style slipper, the terry embroidered clog, and the microterry clog. Placing each companies side-byside, Isotoner contended that R.G. Barry’s Dearfoams slippers are remarkably similar to the corresponding Isotoner products they replaced at JCPenney.
According to court records, Isotoner claimed its total slipper sales with JCPenney in 2001 to 2014 exceeded $45 million and that the total sales of the slippers at issue accounted for $22 million of those sales.
Earlier this year, the court denied a preliminary injunction against R.G. Barry’s sale of contested styles to JCPenney.