image: Aquazzura
THE FASHION LAW EXCLUSIVE - The mini-war between footwear brands Marc Fisher and Aquazurra has come to an end. On the heels of Aquazurra allegedly slapping Fisher with a number of cease and desist letters in connection with one of Aquazzura’s popular high heel styles, Fisher filed suit against Aquazzura in the Southern District of New York in June, asking the court to declare that the Italian footwear brand does not possess legal rights in the shoe design at issue and therefore, lacks a legal basis to initiate a merited lawsuit.
According to Fisher’s complaint, it received “repeated demands” from Aquazzura to “cease and desist from selling a women's shoe style, the Marc Fisher brand Teagin Pointy Toe Pump with Tassle,” as the aforementioned design is too similar to its Forever Marilyn design. Fisher alleged in its complaint that the letters it received from Aquazzura assert that Aquazzura “owns common law trade dress rights in the design used for the Forever Marilyn shoe, and Marc Fisher's Teagin shoe infringes [its] common law trade dress rights and constitutes trade dress infringement and unfair competition” in violation of both federal and state law.
Aquazzura's Marilyn shoe (left) & Marc Fisher's Teagin shoe (right)
Well, as of earlier this month, the parties have seemingly managed to settle this one amongst themselves. According to the Southern District of New York’s docket, Fisher filed to voluntarily dismiss the suit against Aquazzura. While these two may have resolved the matter, they are still up against one another in connection with the trade dress and design patent infringement suit that Aquazzura filed against Ivanka Trump in June, as Fisher is Trump’s footwear licensee and as a result, is named in the matter.
That suit is still pending in the Southern District of New York after Aquazzura added the design patent infringement claim to the case last month.
