Ivanka Trump may be in the spotlight now because her dad, Donald Trump, is about to become the Republican nominee for president, but she’s a successful entrepreneur in her own right. Ivanka runs an extensive women’s fashion, shoe and accessory empire that has amassed her a $150 million net worth.
This week, Aquazzura, an Italian shoe-making company hit Ivanka with a trade dress lawsuit, seeking a chunk of her millions over what they say is a stolen shoe design.
Aquazzura alleges that Ivana and her licensee Marc Fisher stole the design for Aquazzura’s $700 “Wild Thing” shoe—a high-heeled sandal that features a shaggy toe strap and a sassy ankle tassel—and used it for a $145 version called the “Hettie.”
The Fashion Law provided a side-by-side comparison:
Trade dress is different from copyright or design litigation in that it focuses on the identifiable characteristics of a product or brand, and how closely consumers identify those characteristics with a particular designer.
In this case, Aquazzura says that the Trump shoes are so close to their original design that not only is it a violation of their intellectual property, but consumers might confuse Trump’s lesser shoe with Aquazzura’s more expensive one, thereby negatively impacting Aquazzura’s brand. No one will shell out $700 for a pair of fancy Italian shoes, Aquazzura claims, if they think the shoes look like Ivanka’s knock-off.
Ivanka Trump and Marc Fisher claim the lawsuit is a way for Aquazzura to “seek publicity.”
Indeed, Aquazzura has been on quite the shoe-design-related crusade of late, suing everyone from Ivanka to Steve Madden for copying its designs. Aquazzura’s top designer has even engaged in a little social media shaming.
Whether Aquazzura has a legal leg to stand on remains to be seen. Lawsuits involving fashion and shoe design are complicated, and few succeed. Fashion is considered a developing art form where borrowing and trading designs is part of innovation. But on rare occasions, such as when Philip Lim sued over a knockoff handbag design, high-end designers have prevailed.