In the world of fashion and style, the world of footwear is an art form unto itself. From high-end trainers to elegant designer heels, the creativity within the shoe business knows no bounds. However, this industry also attracts its share of imitators and counterfeiters, making it more important than ever for shoe manufacturers to protect their creations. According to the EUIPO 2020 status report on IPR infringement footwear ranks as the third most affected industry by counterfeit imports into the EU, following only toys/games and watches.
But just how much Intellectual Property is there in a pair of shoes?
Patents: Pioneering innovations in footwear
More than just a fashion statement, footwear is a canvas for innovation. Some of the industry’s most iconic and groundbreaking products are protected by patents. Notable examples include Reebok’s revolutionary “inflatable pump” technology, which allows wearers to customise the fit of their shoes through a patented air-filled system. Geox, a leader in breathable footwear, has patented a design that keeps feet comfortable while preventing water from seeping in. In the world of science fiction turned reality, Nike MAG “Back to the Future” shoes have patented their self-lacing technology. Even tech giant Apple has entered the shoe arena with a patent for autolacing functions. The ongoing need for robust patent protection in the shoe industry can also be shown by the recent Nike lawsuit against New Balance and Sketchers for patent infringement over trainer technology.
Design rights: Safeguarding aesthetic excellence
While patents protect the functional and technological aspects of shoes, design rights focus on preserving the unique aesthetics and visual appearance of shoes. Design rights can encompass the shape, colour, patterns and overall appearance of a shoe or specific elements of it. By safeguarding their design aspects, creators can ensure their creations remain distinctive and prevent imitators from replicating their unique styles. Design rights help maintain distinctiveness and innovation associated with iconic sports shoes. One notable example is Nike’s Vaporfly, with its distinct aerodynamic appearance that has revolutionised running shoe design.
Trade Marks: Beyond logos and names
Trade marks protect a company’s name, logo and distinctive features of the shoes themselves. Those distinctive features might include the unique shape of the shoe, the placement of colour or stripes, or anything that makes the shoe iconic.
For instance, the iconic red sole of Christian Louboutin’s high heels is a signature mark (EUTM 008845539), which became the focal point of landmark legal case Louboutin vs Yves Saint Laurent, which underlined the significance of protecting a shoe’s design elements. This case subsequently promoted Christian Louboutin to launch the platform Stopfakelouboutin.com to combat counterfeit products.
Another example is Dr Martens (EUTM 018686687/) which protects the unique design of their iconic boots, and the renowned Havaiana flip flops (EUTM 011218385). Even the Waffle pattern of Vans has been protected as a EU trade mark.
Craftsmanship and geographical indications: Celebrating heritage
The world of shoes also celebrates craftsmanship and heritage. Recently, a new EU Regulation was published, introducing a new EU GI scheme to protect craft and industrial products, building on the national protection which was previously available in various countries. The Spanish “Menorquinas” and the French “Charentaises” are not just shoes, they are also protected by their national systems’ geographical indications, thereby a testament to generations of artisanal skill and regional traditions.