Converse v. Skechers and others (Chuck Taylor trade dress)

Converse, Inc. v. International Trade Commission · 2018 · Fed. Cir. / ITC

What happened

Converse asserted trade dress in the midsole design of its Chuck Taylor shoe. The Federal Circuit clarified the analysis for secondary meaning, including which time period matters.

The money

No reliable public figure. This dispute matters for the rule it settled rather than for a damages number, and many trademark matters resolve on confidential terms.

What it means for your business

Even decades of use does not automatically secure trade dress. The evidence has to show that consumers connect the design to you at the relevant time — long use alone is not sufficient.

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