Christian Louboutin, Tiffany & Co. and the Fashion Law Institute at Fordham University have all weighed in on Converse Inc.’s ongoing fight for broader protection of its Chuck Taylor All Star shoe design.In an amicus brief filed with the U.S. Appeals Court for the Federal District, the brands and the institute did not come down on either the side of the dispute between Converse and the International Trade Commission. Converse sued New Balance and others in 2014 seeking to defend the design of its Chuck Taylor sneakers. The ITC in July refused to extend trademark rights for style's toe cap, toe bumper and midsole stripe design accents.In their filing with the court, Louboutin, Tiffany and the Fashion Law Institute took issue with the appellate court’s characterization of “exclusivity of use,” or a party’s ability to use a trademark without exception — a factor used in legal analysis when a trademark is claimed to hold secondary meaning and be deserving of trade dress protection. In the case of Converse, the company claims its All Star design and related trademarks have secondary meaning because the classic shoe is so closely associated with the brand.The brief said the ITC “inaccurately” suggested in its underlying decision that without a complete exclusivity of use, secondary meaning cannot be established.“This view overemphasizes the weight to be given to the absence of substantial exclusivity when assessing secondary meaning,” the parties argued in their brief. “Contrary to the commission’s approach, secondary meaning can and does exist in the absence of exclusivity of use. Indeed, exclusivity of use is not a prerequisite to obtaining and holding a valid trademark, as it might be in other areas of intellectual property law.”Instead, the amici said exclusivity should be characterized as “just one of many indirect tools that can help answer the secondary meaning question — whether the buying public associates a mark with a single source.”The amici went on to note that neither the U.S. Patent and Trademark Office, nor the Lanham Act require exclusivity for the establishment of secondary use and said the ITC's “overemphasis” on the absence of exclusivity in its analysis of Converse’s arguments threatens to reduce the effectiveness of trade dress protection.The appellate court is reviewing Converse’s appeal.
Supermodel @helenachristensen teamed up with longtime friend and designer @camillastaerk on a joint @paredeyewear collaboration. The lineup features three styles and 11 offerings, all of which embody a vintage feel. Get all the details on how they celebrated the collab on WWD.com. #wwdaccessories #wwdeye (📷: @slovekinpics)
“It’s a hard industry to keep motivated, as well, so finding different subjects and people is what makes it worth it – when you’re like, oh, I’ve met great people, I feel like I’ve done something good, and I feel proud of having done this,” said French actress Stacy Martin on being grateful for the variety of roles she’s take on. Read @ktauer’s full interview with Martin on her her latest film “Godard Mon Amour.” #wwdeye (📷: @danieldorsa)
After showing in front of the Eiffel Tower for his last two women’s ready-to-wear collection, it looks like @anthonyvaccarello may be heading to the Big Apple. Sources say the designer will stage his next @ysl show in NYC on June 6. Get all the details on WWD.com. #wwdnews #wwdfashion (📷: @aitorrosasphoto)
EXCLUSIVE: Two and half months after John Targon, cofounder and codesigner of Baja East, was hired as creative director of the contemporary division at Marc Jacobs, he has left the company, WWD has learned. Marc Jacobs International, which is owned by LVMH Moët Hennessy Louis Vuitton, confirmed Targon’s departure in a statement: “John Targon is a talented designer and we appreciate the work he has done here. Ultimately working together did not make sense for the brand and we wish him the best.” Read the story by @jessiredale, link in bio. #wwdnews
@theluxurycollection is officially launching a collection, tapping Sofia Sanchez de Betak for the capsule. Over 30 styles will be featured in the Chufy x The Luxury Collection, debuting next month at Bergdorf Goodman, The Webster, FiveStory and more. De Betak, known as “@chufy,” drew inspiration for the collection from her trips to Japan in the past year #wwdfashion
@lhd, founder and CEO of @thewebster, has teamed up with @lebonmarcherivegauche for the European launch of her ready-to-wear line, LHD. The launch will come with an exclusive pop-up opening today that’s set to run through May 20. Located on the second floor, it carries her debut Miami-themed resort collection, launched in November as see-now-buy-now. #wwdfashion