Adidas Can't Sit Still And Sue All The Brands That Plagiarize Yeezy Boosts.
Three flow footwear brands and fast fashion retailers, such as Forever 21, have been receiving intense verbal complaints from Adidas, demanding 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 shoelace positions and vertical circular holes, a row of holes on the toe, flush position with the shoe face, 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 initiation litigation is to be established, and it must be proved that Yeezy Boost 750 is a source of sign, that is, the appearance of Yeeezy Boost itself will make consumers think it is a form.
Adidas
Shoes, and those so-called imitations may cause consumers confusion, that is, consumers will think that the imitation is true Adidas.
Gym shoes
。
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 is now more like a company.
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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