Ivanka Trump. Photo courtesy of the Daily Mail.
Summary: A high-end shoe company is suing Ivanka Trump for allegedly copying their popular shoe design.
Aquazzura said that Ivanka Trump’s recent design is a shoe-in for theirs. Now the designer shoemaker is suing the daughter of Donald Trump in Manhattan federal court.
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The shoe in question is Aquazzura’s $785 Wild Thing shoe and Trump’s $145 Hettie Shoe. Both sandals have a bright red heel, an ankle strap, tassle, and a fuzzy band. The Wild Thing shoe has been spotted on celebs and fashion bloggers, and Aquazzura wrote in its lawsuit that Trump wanted a taste of their success without putting in the “hard creative work.”
Trump’s manufacturer Marc Fisher said Aquazurra’s lawsuit is “baseless” and aimed to generate publicity.
CBS reported that Trump was sued in 2012 for alleging ripping off two sandal designs from Mystique footwear. However, fashion designers are not protected under U.S. Copyright laws, although designers can protect elements such as unique graphics or prints. Over the years, the fashion industry has been lobbying for more protections, but lawmakers argue that clothing is functional and cannot be given exclusive rights. That’s why fast fashion companies such as Forever 21 and H&M are able to build empires off of selling cheaper options of high-fashion designs.
However, the game may change. The Supreme Court agreed to hear a cheerleader uniform case last month that will rule on whether or not certain elements such as colors and designs can be protected.
Currently, there are numerous other Wild Thing knock-offs on sale from cheaper companies such as Steve Madden. Marc Fisher argues that Aquazurro cannot be the only person who owns the right to the red ankle strap trend.
“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,” Marc Fisher’s CEO Matthew Burris said. “The lawsuit is without merit and we will vigorously defend ourselves against the claim.”
Aquazurro is seeking damages and a court injunction against Trump.
Do you think fashion should be protected under Copyright Law? Let us know in the comments below.
Source: CBS News