Steve Madden ripped off Balenciaga’s Lego shoe so long ago that Faran wrote the original Adventures in Copyright.
So what propelled them to sue this past Monday?
Maybe the fact that Alexander McQueen finally put his foot down in October or maybe it just took them this long to get their shit together, but hip hip hooray others are jumping on the bandwagon.
According to the filed documents, Balenciaga’s suing for Copyright Infringement, Trademark Infringement, False Designation of Origin, and Unfair Competition. The lawsuit outlines the birth of the Lego shoe, from its AW07 debut to its prominence in editorials and its celebrity fans before launching into a better-worded AIC, explaining how and why Steve Madden copied the shoe step by step.
Steve Madden needs a Chrismukkah miracle.
Tags: Alexander McQueen, Balenciaga, Steve Madden
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OMFG LOL WTF LOL FTW!!!
uhh those shoes are so ugly i don’t know why anyone would want to wear them, let alone copy them.
Shit Shit Shit Shit Shit Shit Shit Shit Shit Shit Shit Shit Shit Shit Shit Shit Shit Shit Shit Shit Shit Shit Shit Shit Shit Shit Shit Shit Shit Shit Shit Shit Shit Shit Shit Shit Shit Shit Shit Shit Shit Shit Shit Shit Shit Shit Shit Shit Shit Shit Shit Shit Shit Shit Shit Shit Shit Shit Shit Shit Shit Shit Shit Shit Shit Shit Shit Shit Shit Shit Shit Shit Shit Shit Shit Shit Shit Shit Shit Shit Shit Shit Shit Shit Shit Shit Shit Shit Shit Shit Shit Shit Shit Shit Shit Shit Shit Shit Shit Shit Shit Shit Shit Shit Shit Shit Shit Shit Shit Shit Shit Shit Shit Shit
What’s worse is that I also saw the knockoff a few years ago at Forever 21.
A stylist friend of mine said you can’t copyright shoes, and that’s why designers like Jeffrey Campbell haven’t been sued a million times. Is that true?
I think they forgot to include Restatement section 90.
can’t copyright shoes only designs, and the protection is only for an exact copy. It does NOT cover knockoffs, no matter what the editors of this blog seem to believe.
copying is the sincerest form of flattery and what the entire fashion industry is based on. filing lawsuits over this kind of legitimate knockoff creation is just stupid. (as is threatening to change the copyright laws to cover fashion for 6 months). Get over it and start innovating with quality, and no steve madden shoe will ever compete.
I feel like…once you wait this long, you’ll have no standing to sue. Now, Balenciaga isn’t really directly affected by either shoe.
Neither shoe is being sold anymore anyways so…
Just a hot mess, really.
obviously this is pretty blatant, but there are some small differences. i bet this ends up going no where because of that.
Though you cant copyright a shoe, you can sue a copy cat under the theory of trade dress infringement. Many designers have done this over the past few years, including Addidas, successfully so (Addidas won against Steve Madden a while back when Madden copied the triple stripe on a sneaker). Trade dress is the overall impression of a product, and its not a clear cut as copyright or trademark, but is a species of trademark law. Trade dress is a designer’s best bet under current law, until the Piracy Bill gets a final decision from Congress.
These shoes or disgusting… the judge should enjoin both parties from producing these shoes sua sponte
Ha- Did Balenciaga fairly use the likeness Lego blocks?
The shoe is hideous, I can’t see why anyone would want to copy that.
to 9,
You cannot have a trade dress that is protectible until you have “secondary meaning”. That means that people have to recognize the style element as a mark of your brand, like Adidas’ 3 stripes or CL’s red soles. This shoes design is NEW, so unless the lego shoe would be instantly recognizable as a balenciaga shoe to an AVERAGE consumer of the good (read that not necessarily a fashionista commenter) then they have no trade dress claim.
likewise, unless they have a design patent (the ONLY actual protection for fashion designs), they are SOL!
The fact that the shoes are so expensive won’t help them in their trademark claims. Consumers who purchase luxury goods are deemed to be more sophisticated thereby lessening the likelihood of confusion. You can’t win a trademark suit without demonstrating likelihood of confusion (unless you’re claiming dilution).
Im pretty sure you can’t claim infringement if the other product has 5 or 6 differences 1) SM’s shoe has white in it /near front 2) the green strap is shaped 3) SM has pink insole 4) SM’s shoe has a green and black buckle instead of simple black strap across the ankle 5) SM has a red and differently shaped patch on the outside while B’s is white 6) SM’s curvature of shoe near ankle is shaped differently. I dont work for either company or own either shoe-just into fashion, SM’s look better and probably are cheaper…
p.s.: why is guest’s photo a white woman? The image should be blank. Not everyine in the legal field is white.
…it’s about time… And #17…Really??? It’s just a randon picture. This is a Fashion Blog..lets keep it at that.
http://vinesteet.blogspot.com/
the picture’s of cintia dicker. she’s our mascot! you can have your own mascot if you click Register on the top right.
wtf is an AIC?
should have had obtained a/several design patents on the shoe… pretty much the only way to protect an industrial design these days. very useful in protecting shoes.
inspired by most definately but I’m curious if the Baleciaga feels as tech as it looks.if it don’t feel good, forget it.Steve Madden sucks.