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.
@margotrobbie steps out onto the red carpet wearing @miumiu. The actress is nominated for “Outstanding Performance by a Female Actor in a Leading Role” in “I, Tonya” at the #SagAwards. (📷: Stewart Cook) #wwdfashion
For @massimogiorgetti of @msgm, the Nineties are his favorite decade. “They had a huge impact on my personal growth. What I like of the Nineties is that they are not so precise in terms of style as other decades…there was actually a bit of everything,” he said. As seen on MSGM’s Spring 2018 show: tie-dye and a bit of grunge, two styles that are synonymous with the decade #wwdfashion #wwddecades (📷: @kukukuba)
Breaking News: @hedislimane joins @celine as its new artistic, creative and image director. One of fashion’s preeminent image-makers and trendsetters, Slimane is to join the LVMH brand on Feb. 1 and unveil his first fashion proposition for men and women next September during Paris Fashion Week. It marks a major homecoming for Slimane, who cemented his reputation – and influenced men’s tailoring for more than a decade – as the designer of Dior Homme between 2000 and 2007. He went on to reinvent and ignite the house of Yves Saint Laurent, which he rechristened Saint Laurent, between 2012 and 2016 – all the while maintaining a close relationship with the Arnault family, which controls LVMH and Dior. Read the full exclusive story on WWD.com. Link in bio. #wwdnews #wwdfashion
“Personally I believe the Eighties have been the richest and more vivacious period for international fashion,” Giorgio Armani said when asked what his favorite decade of fashion is. It was a moment of disruption and experimentation and only thinking back to the first years of that decade is always an emotion for me, for what they have meant to me and my work.” The influence is clear in @giorgioarmani spring 2018 collection, pictured here, which was full of bright colors and unexpected prints. Read more about which decades designers loved most on WWD.com #wwdfashion #wwddecades (📷: @aitorrosasphoto)
For Lady Gaga’s only Italian show on her “Joanne World Tour,” the singer wore a range of @versace_official outfits. The standout piece: this custom-made bodysuit inspired by the brand’s spring 2018 collection. #wwdfashion (RG: @ladygaga)
@_camillaruth_ is expanding on the wellness-craze concept with @westbourne – a new NYC restaurant that’s both a healthy-minded café as well as a business that gives back to the community. Marcus works with the Robin Hood foundation to give back to The Door, a non-profit providing youth development services, and also hires employees through The Door. Read our full interview with Marcus on giving back through food on WWD.com. #wwdeye (📷: @lexieblacklock)