Should manufacturers or wholesalers sue potential channels of distribution?
Converse is suing 31 companies, arguing they are copying the
design of its trademark shoe. The
company filed lawsuits against big retailers such as Wal-Mart and H&M, just
to name a few, for allegedly selling imitations of its famous Chuck Taylor
sneaker. Other defendants named by Converse
include Kmart, Skechers (SKX), Aldo Group and Ralph Lauren. The Nike subsidiary also wants the
International Trade Commission to ban imports and sales of the shoes.
Converse chief executive Jim Calhoun said the company
welcomed fair competition, but "we do not believe companies have a right
to copy the Chuck's trademarked look".
The shoe company also stated that they have served about 180 cease and
desist letters to retailers selling look-a-like Chuck Taylor sneakers in the
past six years to protect its brand.
For those of you that think Converse is crazy, keep in mind
that approximately two years ago the luxury shoemaker Louboutin successfully trademarked
its distinctive red soles. Yes, this is
an entirely different case, but who knows…
Trademark law is for a large part about whether the ordinary consumer
would be confused as to the source of the good when they look at it.
Do you think that Converse will win this case?
Do you think that Converse should win this case?
In my opinion this is an uphill battle, but anything is
possible.
Is it a good idea for wholesalers such as Nike to issue
lawsuits against retail companies such as Walmart? Keep in mind that Nike owns more brands than
only Nike & Converse. Should the
retailers being sued ban all of the Nike owned brands from their stores both
now and in the future?
By the way, we do love Chuck Taylor sneakers. They really are iconic.
Learn more about Nike and
the brands that they own here on the Apparel Search fashion guide. You should also visit their site to find more information and buy
yourself a new pair of Chuck Taylor’s.