Vans is not letting Walmart off the hook in their blatant copying of Vans shoes (see the images above), according to a story on The Fashion Law. Vans filed a suit last year against Walmart’s rather obvious design borrowing, however, Walmart apparently complained that Vans “waited too long” to file suit. Vans believes “a preliminary injunction to block Walmart from continuing to sell “copycat” versions of “virtually all of [its] bestselling shoes” is necessary.” Can’t really blame them.
Vans has since lodged its reply to Walmart’s memo in opposition, taking issue with Walmart’s arguments, including the retailer’s claims that Vans lacks robust trademark rights, primarily for its OLD SKOOL sneaker. Looking specifically to the OLD SKOOL mark, Vans states that “based on longstanding use dating back more than 40 years, substantial sales and advertising, unsolicited media references, popular culture usage, and intentional copying by Walmart, Vans is likely to succeed in demonstrating that the OLD SKOOL trade dress has acquired secondary meaning.” In terms of sales, Vans says that it has generated “$10 billion in lifetime sales and current revenue of over $1 billion each year in U.S. sales of shoes bearing the OLD SKOOL trade dress.”
This entire case is just another example of how suspect Walmart’s entire business model really is. And we’re stoked that Vans is taking it to them full press. Click the link for the rest of the story.
[Link: The Fashion Law]
