Adidas Wants To Sue All Brands That Plagiarize Yeezy Boosts.
three degrees of exile footwear Brand and Fast fashion Retailers, such as Forever 21, have received continuous receipt from Adidas The intense verbal Crusade demands that they stop producing and selling sneakers similar to Adidas Yeezy Boost 750. In addition, New York shoe brand Modern Vice imitated Boosts style, but replaced the velvet upper with an exotic python. Then Adidas threatened to sue it.
However, there are different views on the design rights of Adidas. Adidas lacks the patented protection of Boost style design, and the protection provided by the property rights protection law is limited in this case, because shoes are practical goods, while copyright law does not protect the whole practical entity. It can only assume that Adidas initiated relevant legal proceedings based on its commercial appearance but not registered trade dress. It seems that Adidas's rights are very weak.
Trade appearance is a trademark protection. Unlike the basic form of trademark protection, such as logo, brand name or design protection, the commercial appearance protection is for consumers to identify the design and appearance of a product.
Even if there is no company name or logo, a commercial design infringement may arise if it can confuse the public's brand recognition of the original manufacturer's products. The appearance of Yeezy Boost 750 may contain some changes in the following elements, such as the configuration of the sports shoe upper, including five rows of shoelaces and vertical circular holes, a row of holes on the toe, flush positions on the toe, a curved line on both sides of the shoe, and a vertical zipper on the heel.
In the absence of the Federal Trade appearance registration record, Adidas's lawsuit is to be established. It must be proved that Yeezy Boost 750 is a symbol source, that is, the appearance of Yeeezy Boost itself will make consumers think it is a Adidas shoe. In addition, those so-called imitations may cause consumers confusion, that is, consumers will think that these imitation products are genuine Adidas sneakers.
Analysts say it remains to be seen how Adidas will combine this recognition with Yeezy Boost's claim for compensation because it has not yet formally launched a lawsuit against this generic brand.
Since Adidas cooperated with Kanye West, Adidas brand has been defined as a sports giant who can ascend to the fashion show. Besides, it now acts more like a fast fashion retailer. Adidas's net profit jumped 38% in the first quarter, thanks to its sales of its sports shoes.
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