Trademark News & Screw-ups Ivanka Ordered To Testify In Trademark Dispute With Italian Shoemaker

Aside from the issue of personalities, and whether the shoes are indeed similar (they are very much alike), the question is whether Aquazzura has a protectable right in the overall look of their shoes, and if yes, protectable how. The headline states that it's a trademark dispute, which is not entirely accurate. Technically, Aquazzura claims rights in the design of their shoes not through a trademark but through "trade dress," which is how you protect a recognizable shape of the product itself or its packaging. It can be registered as long as the design is distinctive and not functional. However, from Aquazzura's claim it follows that they haven't registered the trade dress of this shoe. Interestingly, the only two entries for "Aquazzura" in the USPTO database are owned by one of Aquazzura's shareholders, a Monaco individual, Ricardo António Reis De Almeida Figueiredo, rather than Aquazzura Italia SRL. Failure to register trade dress doesn't mean it cannot be enforced, but the path to victory would be more difficult. It would be interesting to follow this one.

The video below features Andrei Mincov's commentary of this article.



Pick from the topics below or use our search system.

And make sure you subscribe to our YouTube channel for more free educational content.

Disclaimer: Please note that this post and this video are not and are not intended as legal advice. Your situation may be different from the facts assumed in this post or video. Your reading this post or watching this video does not create a lawyer-client relationship between you and Trademark Factory International Inc., and you should not rely on this post or this video as the only source of information to make important decisions about your intellectual property.