“Design can not have intellectual property,” replied Madden regarding the prosecution of plagiarism against Dr.Martens. The reason for the disagreement is a “too similar” shoe model to the British flagship 1460. The complaint was filed at Northern District of California by AirWair International (Dr.Martens’s subsidiary). Now Steve Madden has asked for the case to be dismissed, arguing that the elements included in the complaint such as form, rubber sole and laces “are Generic of a functional product and do not differentiate that model. “Also, the defence argues that consumers do not associate distinctive design elements with Dr.Martens alone, Steve Madden also added that the patents the British brand has received in recent years for boots design should be cancelled. Steve Madden has been charged with plagiarism by Stella McCartney, Balenciaga, Aquazzura and Skechers.