Originally Posted by Neveragain
I’m an idiot for posting something from Twitter and trying to pass it off as real news, what can I do since I got called out? Oh I know! Whataboutism!
Tell us more about the lawsuit Trump will face for his sneakers.
Good job
But since you asked.
https://www.thefashionlaw.com/donald...in-the-making/
While the shoes at issue in a hypothetical Louboutin v. Trump case are certainly not an example of “women’s high fashion designer footwear,” which is type of the goods covered in Louboutin’s registration, that may not be a deal-breaker. Louboutin could almost certainly argue that its rights are not exclusively limited to lacquered red-soled high-heels and that it maintains (limited) common law trademark rights in variations of the non-lacquered red sole when used on other types of footwear, including sneakers. Louboutin has, after all, consistently produced an array of sneakers for men – from casual suede sneakers to athletic-inspired high tops
However, maybe more interesting that an infringement claim, and any corresponding false designation of origin, unfair competition, etc. claims that it could make is the potential trademark dilution cause of action that Louboutin may have in its favor, assuming that it can show that its red sole mark is famous. (It is worth noting that courts in other jurisdictions, including the Delhi High Court, have found Louboutin’s red sole to be a “well-known” mark for dilution purposes in light of the company’s widespread use and advertising of the red sole (in India and beyond) and in light of the fact that consumers in India “were well aware of this goodwill and reputation even before [Louboutin began using] the trademark in India.”)
Putting the issue of fame aside, it is not difficult to see how Louboutin could argue that Trump’s use of the (potentially infringing) red sole does not only diminish the public’s perception of its mark but that the reputation of the red sole mark is being harmed through an association with Trump.
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