DSW sues Zappos.com over use of service marks

Shoe retailer DSW Inc. has filed a lawsuit in federal district court alleging that online retailer Zappos.com Inc. and its agents have infringed DSW service marks.

The suit said that the name DSW was being used in multiple URLs, along with DSW store photographs, in an effort to mislead consumers into believing they were on a DSW-related Web site. The site then links customers to the Zappos.com site.

The suit seeks an injunction and damages resulting from the misuse of those marks.

DSW launched its e-commerce site on April 21. At press time, a message on the site said it was temporarily down.

Zappos said, in a statement, “We were surprised to find out through a press release that DSW filed a lawsuit against Zappos.com. We are currently reviewing the complaint and do not have additional comments at this time.”