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Skechers victory in trademark dispute with Converse

Jul 21, 2016 United States
Skechers victory in trademark dispute with Converse
The United States International Trade Commission (ITC) Invalidated Converse's Registered and Common Law Trademarks in the Chuck Taylor Midsole Design. A winning step for Skechers in a dispute with Converse
Skechers has announced that ITC has found that Converse's registered and common law trademarks in the Chuck Taylor midsole design are invalid. The same source announced that Skechers' Twinkle Toes and BOBS shoes would not infringe Converse's claimed trademarks, even if the trademarks were valid, and Skechers can continue importing and selling its Twinkle Toes and BOBS shoes in the United States.

In October 2014, Converse sued Skechers in a federal district court and in the ITC alleging that the Company's Twinkle Toes and BOBS product lines infringed Converse's registered and common law trademarks in the Chuck Taylor midsole design. The case went to trial before the ITC in August 2015.

Back in November, the Chief Administrative Law Judge of the ITC, the Honorable Charles E. Bullock, ruled that Skechers' Twinkle Toes and BOBS product lines do not infringe Converse's trademarks for the Chuck Taylor midsole. The Judge also ruled that Converse had no common law trademark rights in the Chuck Taylor midsole because the design is not distinctive, not famous and has failed to acquire secondary meaning. The Judge's opinion was now affirmed by the ITC.

The Judge also ruled that Converse's registered trademark for the Chuck Taylor design is valid. However, this portion of the Judge's opinion was reversed by the ITC, which invalidated Converse's registered trademark along with Converse's common law trademark.

The ITC thus concluded that there was no violation by Skechers of Converse's asserted midsole trademarks and the ITC did not issue an exclusion order against Skechers or any of Skechers' products.

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