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Stuart Weitzman Sues J.C. Penney For Infringement

Stuart Weitzman IP and Stuart Weitzman filed a lawsuit against J.C. Penney Co. Inc. and Mark Tucker Inc. for alleged patent infringement.

Stuart Weitzman IP and Stuart Weitzman filed a lawsuit against J.C. Penney Co. Inc. and Mark Tucker Inc. for alleged patent infringement.

This story first appeared in the January 24, 2008 issue of WWD.  Subscribe Today.

According to court documents filed in Manhattan federal court on Jan. 16, Stuart Weitzman alleged that Mark Tucker manufactured a shoe sold at J.C. Penney that infringed on a design patent the firm holds for a “Chitchat” shoe. The shoes sold at J.C. Penney were called “Miss Bisou ‘Sydney’ Patent Peep-Toe Flat.”

Neither J.C. Penney nor Mark Tucker returned calls for comment by press time.

Weitzman alleged that J.C. Penney sent an actual sample or copy of its Chitchat shoe to Mark Tucker “with a request for Mark Tucker to source virtually identical copies to be sold in competition with Chitchat.”

The complaint also references a shoe manufactured by Mark Tucker for Sears Holdings Corp. called the Personal Identity Starlet shoe, which also allegedly infringes on the Chitchat patent. Included in the complaint are pictures of the alleged shoes from J.C. Penney and Sears, both of which are black patent peep-toed shoes with a buckle detail across the front.

Weitzman asked the court for an injunction, damages and trial costs and for the destruction of all the allegedly infringing shoes.