The Italian company is accusing Trump’s brand of trade dress infringement and has claimed that Trump has directly copied the distinctive elements of their design. Trade dress is a type of trademark protection defined by INTA as “ the overall commercial image of a product that indicates or identifies the source of the product and distinguishes it from those of others. It may include the design or shape/configuration of a product”.
In fact, the Florentine company has now revealed that Trump was involved in the design stages of their shoe. They believe that the American company is now trying to profit from their success and as a result they are causing customer confusion as to the source identity of their goods. The false association of the two fashion brands could have a negative impact on the sales and the reputation of Aquazzura through the dilution of their brand.
The Italian fashion brand is now seeking an injunction for Trump’s line and has claimed damages from the firm for the infringement as well as compensation for their legal fees.
However, Matthew Burris, CFO of the American fashion brand denies the infringement accusation and declared "this is a baseless lawsuit aimed at generating publicity. The shoe in question is representative of a trending fashion style, is not subject to intellectual property law protection and there are similar styles made by several major brands."
We will have to wait for the outcome of this case.
Fashion companies have to be extremely reactive when protecting their brands since their marketplace is constantly evolving and new products are hitting the shelves every day. Copycat products generally emerge soon after the original launch and therefore fashion companies, like Aquazzura, have to act fast in order to protect their intellectual property.
A trademark is a worthwhile investment for your long term fashion brands as it will protect your name and allow you to enforce your trademark rights over copycats and companies producing counterfeit goods who are consciously infringing on your mark. For more short term products fashion companies tend to rely on copyright protection or unregistered community design rights. If you do choose to register a trademark, it is recommended to file your application before launching your product or services into the market to ensure that they are fully protected.
For advice and more information on searching, acquiring, registering and enforcing Trademarks please visit our website, http://www.lipex.com.
Our unique database of trademarks for sale or license could save you time and help protect your brand.
Comments
Post a Comment