Isabel Marant has created some of the most copied footwear in the world; her Bekkett trainers are copied by many. But now the French designer is the one who has been accused of copying. The accuser: adidas.
Marant’s Bart low-tops seem to be very similar to adidas’s Stan Smiths, especially with the red tabs at the heel that give a very similar overall impression.
From a copyright point of view there might be some merit for adidas, according to The Fasion Law: “Given adidas’s federal registration and because the Isabel Marant Bart shoe employs a very similar design element, the heel tab – one that is arguably employed by Adidas to serve as an indication of source – Adidas very well may have a merited infringement claim. After all, the two brands’ heel tabs look pretty similar.”
From a trademark point of view, the question is whether consumer are likely to be confused by Marant’s trainer (EUR 300,-) and will mistake them for adidas’ trainers (EUR 80,-). And since adidas have been collaborating with designers in the past, it is not unlikely that customers could assume that the Marant shoes have in fact been created for adidas.
To be continued…
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