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Converse v. ITC
While perhaps no longer the basketball shoe of choice, the iconic Converse Chuck Taylor All Star sneaker (Chucks) hold a special place in the hearts of many young adults. The celebrated shoe has been featured on more than a few album covers, donned by everybody from Ice Cube to Weird Al. It is widely understood that the shoe has a cultural significance of its own, and is symbolic of American pop culture, but has the design acquired secondary meaning in a trademark sense?
On Oct. 30, 2018 in a long awaited decision, the United States Court of Appeals for the Federal Circuit (CAFC) provided its two cents on the long-litigated question, and re-evaluated an earlier 2016 International Trade Commission (ITC) holding that Converse did not enjoy trade dress protection for a shoe design featuring “two stripes on the midsole of the shoe, the design of the toe cap, the design of the multi-layered toe bumper featuring diamonds and line patterns, and the relative position of these elements to each other.” Converse, Inc. v. ITC, 128 U.S.P.Q.2d 1538 (Fed. Cir. 2018). On appeal, the CAFC found the ITC had applied the wrong legal standard in determining the validity of Converse's trademarks, as well as in its infringement findings, and vacated and remanded for further proceedings. Id.
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