FASHION LAW: ICONIX AND FILA BOW TO CONVERSE
Alleging illicit replication of its Chuck Taylor All-Star designs, Converse has settled with Fila and Iconix, who have agreed to end import, sale, and all distribution or transfer of offending products. The ongoing trademark case — filed against 32 companies — is still before the U.S. International Trade Commission.
These agreements bring the settlement count to 11 retailers, including heavyweights like K-Mart, Wal-Mart, Skechers and even upscale brand Tory Burch. Wal-Mart is the only brand to openly defend its design strategy against the lawsuit, arguing that Converse cannot patent key design elements of its classic All-Star footwear.
“Because toe caps, toe bumpers and stripes are actually or aesthetically functional, they are not subject to trademark protection. Converse has touted the functional features of its shoes in its advertising….” said Wal-Mart in the court filing.
This is a sign that the lawsuit in its entirety will remain pending for sometime.