The lawsuit was filed on Tuesday in Manhattan federal court, and alleges trade dress infringement, unfair competition and deceptive trade practices. The Aquazzura footwear style that allegedly was infringed is a model called “Wild Thing.” Also named as defendants are IT Collection, Trump’s company, and Marc Fisher, the footwear firm that manufactures Ivanka Trump footwear under license.
The lawsuit said the defendants knocked off Aquazzura’s popular designs. It added that its Hettie Shoe is “virtually identical” to Aquazzura’s popular “Wild Thing” style. Both feature high pencil point heels with a fringe tassel at the heel and fringe covering the toes. The complaint said in addition to the shape and silhouette of the Hettie style being similar to Wild Thing, the “infringing shoe [is available] in a nearly identical color palette.”
The lawsuit also said the Wild Thing style isn’t the first time that the defendants have allegedly copied from Aquazzura. It cited in the court document Trump’s Teagin Pointy Toe Pump with Tassel as similar to Aquazzura’s Forever Marilyn Shoe, and Trump’s Necila similarity with Aquazzura’s Belgravia style. The court document also said the two have tangled over the two styles, with the defendants ceasing sale of the Trump Necila shoe after Aquazzura complained about the similarity, and that defendant M.B. Fisher LLC has filed a suit against Aquazzura for a declaration of noninfringement regarding the Teagin shoe style.
Aquazzura said in the complaint that the alleged copying is likely to cause consumer confusion in the markets, and that the defendants have “engaged in said conduct in a bad faith attempt to improperly siphon away plaintiff’s customers and potential customers.”
Aquazzura is a luxury footwear firm founded in 2011 by Edgardo Osorio. The company is seeking an injunction barring the defendants from manufacturing and selling the alleged infringing style; an accounting of profits earned and damages.
Matthew Burris, chief financial officer of Marc Fisher, said, “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. The lawsuit is without merit and we will vigorously defend ourselves against the claim.”