Do these shoe companies have patents/TMs on models?

[lynnee]

well, i have always wondered this, heres why

a few years back i saw these leisure shoe some kid was wearing, i mistaken them for Arto 1, identical model, just minus all the logos, (and i mean IDENTICAL) but the brand was OP
while later i see a kid with these shoes tha look identical to Circa 205, once again same, seal, made by OP (****ing identical)
just yesterday, i see this kid with what appears to be accels, (EXACTLY) same design and everything, just OP though

i can't find any pics on the internetz though...

but, could this company get in trouble for this or not?

[galligator]

Copyright laws in the US are fairly loose on 'Utilitarian' items like shoes, clothing, handbags. So, unless the 'copy' is actually using trademark/trade dress from the original company, usually imitations are perfectly legal. Whether it is ethical, artistically lazy, etc is not the point to the law. If useful item does not claim to be an actual (gucci, nike, etc), than often it is a legal copy.

Once you start stealing trademarks and trade dress that are likely to cause confusion to the purchaser and make them believe they are buying the original brand instead of a copy, that's where legal limits generally start to be enforced.

[r5bales2]

Many times you will see (I found more on Ebay than anywhere else.) the term Vouis Vuitton inspired. Steve Madden is known for his copycat style. There is a pair of glittery peep toe pumps Nine Wests that are close to a pair of Christian Louboutin glittery peep toe pumps. This is all legal, and above board. Like Gal said, it might be artistically lazy, but legal.
Nine Wests:


Christian Louboutins:



The minute they tell you they are CL or LV or what ever and use their logo, THEN they get into trouble. Companies can Trademark their logo, but not the design. Here is the difference.

I saw my first Louboutin fake this week

[vfrederick]

I agree with the other posters, unless a logo is used without permission, copying a design is usually fair game. This goes for all of fashion design, and many other industries too.