FASHION REPETITION: STELLA MCCARTNEY FALABELLA VS. STEVEN MADDEN BTOTALLY
Steve Madden has been hit with another intellectual property infringement lawsuit. This summer, Skechers sued Madden for copying their casual fitness shoe, and now the offending party is caught red-handed by high-fashion icon Stella McCartney. Advocate for ethical fashion and animal rights, McCartney catches Steve Madden selling an almost identical version of her widely complimented Falabella Foldover Tote in black.
Stella McCartney claims that the cheap duplicate will cause “economic harm to consumers, given its shoddy quality.” The plaintiff is seeking an injunction to prevent Steve Madden from selling the bag, and for unspecified damages. McCartney maintains that the Falabella bag has been “extremely popular” among media stars like Kim Kardashian, Jennifer Garner, Victoria Beckham, and Jennifer Lopez—making it a trade dress infringement issue.
Trade dress under the Lanham Act is the “overall commercial image (look and feel) of a product or service that indicates or identifies the source of the product or service and distinguishes it from those of others.“
The fashion house asserts their range of handbags are “defined by its slouchy silhouette and iconic braided chain strap,” and claims the Falabella design is in a “distinctive Stella McCartney signature.” McCartney registered for the Falabella design patent long before Steve Madden’s mass production. The Falabella retails at $1,195; the Steve Madden retails at $108.
Learn more about trade dress infringement on FashionBoss.com!
Thumbnail image from The Blonde Salad.by