Tuesday, 28 June 2016

Aquazzura continues legal action with Steve Madden suit

Aquazzura's Wild Thing sandal

Aquazzura’s Wild Thing sandal

Florence-based shoemaker Aquazzura is looking to protect its designs by filing a suit in the federal court in New York.

The suit focuses on three Steve Madden styles—the Sharlit, the Lecrew and the Sassey, which Aquazzura says too closely resemble its Sexy Thing, Christy and Wild Thing. Much like the recent suit brought against Ivanka Trump, Aquazzura says its legal action against Steve Madden has been brewing for years, as it has watched and complained about perceived repeated copycatting.

Courting copyright
As in the Ivanka Trump case (see story), Steve Madden’s case centers on the Wild Thing, a fringed sandal. The suit against Steve Madden also includes the Christy, a pointed-toe lace-up flat, and the cutout sandal Sexy Thing.

Aquazzura says it has complained to Steve Madden since 2013 about its similar designs, but with no change in the footwear label’s behavior, it is now asking the court to make Steve Madden stop selling what it considers a violation of its copyright.

In a statement, Aquazzura gives its reasoning for the suit, saying it is guarding against confusion in the marketplace. Similar to Ivanka Trump’s collection, Steve Madden styles sell for hundreds less than the Aquazzura shoes.

Aquazzura Christy flats
Aquazzura Christy flat

“This is not the first time Aquazzura files suit against a brand that uses its design,” said Jean-Michel Vigneau, CEO of Aquazzura, in a statement. “We will continue to fight and try to stop these actions.

“Authenticity and originality are at the core of our brand, and we will defend them at all costs. We truly trust the law over the protection of these values.”

Sometimes copyright cases can backfire, putting a brand’s intellectual property at risk.

The court decision surrounding the Yves Saint Laurent versus Christian Louboutin trademark case in 2012 awarded each fashion house a small victory, but experts wondered if this is something that should have been started in the first place since the footwear designer ran the risk of losing its trademark all together.

An appeals court ruled that Yves Saint Laurent could continue to manufacture its monochrome red shoe, while Louboutin still owned the red-sole trademark, so long as the product had a contrasting upper-half color. However, Yves Saint Laurent could have moved forward with a counterclaim that could have stripped Louboutin of its trademark all together (see story).



from Apparel and accessories – Luxury Daily https://www.luxurydaily.com/aquazzura-continues-legal-action-with-steve-madden-suit/
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