The US District Court for the Central District of California is currently hearing a patent infringement, trade dress infringement, and unfair competition case over the sale and distribution of competing lines of rhinestone-covered children’s sneakers. The popular fashion company Sketchers USA, Inc. distributes a line of canvas sneakers with toe caps covered in rhinestones and other shiny objects, and canvass uppers covered in colorful art designs or patterns. To protect its toe-cap ornamentation, Sketchers acquired a patent from the US Patent and Trademark Office. In its lawsuit, Sketchers also claims federal trade dress protection in the combination of the vulcanized canvass sneaker, the rhinestone-covered top cap, and the canvass upper covered in colorful art designs or patterns (“the Twinkle Toes® Trade Dress”). According to the lawsuit, well after Sketchers began selling the Twinkle Toes line of shoes, its competitor, the Children’s Place Retail Stores, Inc. (Children’s Place), started selling a similar line of shoes:

In the lawsuit, Sketchers claims that as a result of its extensive advertising, marketing, sales, and distribution, its Twinkle Toes line of shoes has acquired secondary meaning, and the combination of elements that compose the Twinkle Toes Trade Dress have become uniquely associated with Sketchers in the minds of consumers. Therefore, Sketchers alleges that the Children’s Place’s making, selling, and importation of a similar line of sneakers with rhinestone-covered toe caps and canvass uppers covered in colorful artistic designs constitutes trade dress infringement, patent infringement, and unfair competition. Sketchers alleges that consumers are likely to be confused as to the association between Sketchers and the Children’s Place, and as to the origin, sponsorship, or approval of the Children’s Place’s similar shoe line.

The suit demonstrates the different legal claims that fashion companies must cobble together to protect their fashion designs, as the law currently does not recognize copyright protection for fashion designs. Instead, companies such as Sketchers must turn to patent, trade dress, and unfair competition laws to fight the allegedly “willful” infringement of their ornamental fashion designs.

For more information on Sketchers USA, Inc. v. The Children’s Place Retail Stores, Inc., and legal protections for fashion designs, please contact the attorneys listed above.