Valentino lost its ‘rockstud’

VALENTINO LOST ITS 'ROCKSTUD'

When you think of ‘Rockstud’, what do you think of?  What is the first thing that comes into your mind?

In the US, the Trademark Trial and Appeal Board (TTAB) is refusing to let Italian luxury fashion house Valentino register its ‘Rockstud Spike’. It ruled that ‘Spike’ simply describes Valentino’s products.  A 3 judge panel for TTAB upheld the U.S. Patent and Trademark Office (USPTO) decision in 2018 to refuse to register the ‘Rockstud Spike’ mark as it “merely describes [Valentino’s] goods”. In its April 15th ruling, the TTAB argued that if Valentino does not agree with the definition given by UPSTO there is evidence in support of their argument, that the definition of ‘Spike’ varies. TTAB gave examples of various websites and designers such as Neiman Marcus, Gucci and Farfetch that “..use the word SPIKE to describe [an array of different] embellishments or features on the types of goods identified in [Valentino’s] application”. The board pointed to examples like Prada sandals on Farfetch which are described as ‘Prada Spike Caged Sandals’ and a pair of Louboutin heels on Neiman Marcus’ website as ‘Escapric Spike 100mm Red Sole pumps’.  The TTAB went further and said that  Valentino’s “purses and shoes, as well as those of third parties, contain pointed metal pieces” and “taper to a point or edge and have an elongated shape in relation to the flat surface on which they are attached”. Therefore the TTAB panel came to the conclusion that Valentine’s ‘Rockstud’ fell into this category and that ‘Spike’ just describe a feature of their luxury items.

What words, pictues or ideas came to to your mind when I asked you what ‘Rockstud’ was? Well, with me, I know what the ‘Rockstud’ is because I am an avid fashion follower. Did you know that ‘Rockstud’ refers to purses, bags, shoes and other accessories made by Valentino?  Out of curiosity, I googled the ‘Rockstud’ and straight away it came up with all of Valentino’s Rockstuds.  This is what I found:

Rockstud 1

Rockstud 2

Rockstud 3

You cannot tell me that Rockstud and Valentino are not associated with one another. It is like not having egg in an English breakfast, that is what Rockstud is to Valentino. Rockstud is Valentino’s signature.  We all know Valentino for its ’Valentino Red’, haute couture, glamorous dresses and for dressing the likes of Jacqueline Kennedy, Anne Hathaway and Jennifer Lopez. It is a known fact that Valentino makes most its money from accessories ( the ‘Rockstud’ embellishments are all over their accessories). A few years after the ‘Rockstud’ shoes hit the runway, Valentino overall sales doubled- with half of the growth attributed to the ‘Rockstud’ heels. Since its launch, the Rockstuds have sold out every year- in December 2018 Valentino sales had increased  from $590 million in 2013 to $1.4 billion in 2018. Valentino has its ‘Rockstud’ to thank for. The ‘Rockstud’ is a wardrobe staple and a classic, I will never ever get over it.  I mean, everyone and their Mum were wearing it in the 2000s and 2010s. Every shop was doing knock offs and copycats- you can see my Russell & Bromely ones here and here and I also own a pair of Dune sandals inspired by the ‘Rockstud’ sandals. It is a shoe that you can buy in every different colour, different style, trainer, block heel or belt.

So what do you think? Do you think the TTAB made the right decision? My thoughts are: the ‘Rockstud’ is Valentino’s signature just like how breakfast belongs to us the British- sorry but not sorry.

Stay Blessed x

Balenciaga files lawsuit against Steve Madden

Balenciaga is suing Steven Madden with a trademark lawsuit. The Paris based design house, helmed by Alexander Wang, filed a lawsuit in the US District Court in Manhattan accusing accessories designer Steven Madden of copying its famous motorcycle bag. Balenciaga said that Steven Madden has made a “studied copy” of the bag. Balenciaga argues Steven Madden’s Btalia bag which is being sold for $88, resembles the Motorcycle bag.

Balenciaga Motorcycle bag Balenciaga Motorcycle bag

Balenceniaga motorcycle bag Balenciaga City Bag

Steve madden btalia bag Steven Madden’s Btalia bag

The French design house which is owned by parent company Kering has claimed that Steven Madden is manufacturing a cheaper version of their famous Motorcycle bag. This according to Balenciaga has been specifically done to confuse consumers. The company claims that Steven Madden has infringed a trade dress regulation that the Parisian house applied for in 2007. A trade dress regulation is a type of trademark protection. This is a visual kind of trademark where the appearance of the product is looked at.  Trade dress infringement issues arise when a party feels that a copy could result in consumer confusion. The trade dress which was registered by Balenciaga covers the front design of Motorcycle bag and its lookalikes such as Twiggy, Velo, Papier and City (see picture above).

The registration protects: “The flat pouch with a zippered rectangular closure, a zipper pull consisting of a strip centrally-knotted and hanging in two equal lengths, and a semi-elliptical patch outfitted with two raised studs in each corner; and two identical patches in an elongated pentagonal shape, featuring an elongated hexagonal patch outfitted with a buckle and two raised studs”.

The Motorcycle bag has been a celebrity favourite seen on the likes of Kim Kardashian, Mary-Kate Olsen and Paris Hilton. It became so popular that there were many counterfeits on the market. As a result of this, Balenciaga decided to register a US trade dress to protect the design. The bag was created by Nicholas Ghesquiere who was at Balenciaga from 1997 and in 2012 Alexander Wang became his successor.

SPL265916_009  Kim Kardashian carrying a suede Motorcycle bag

Balenciaga has asked the court for an injunction to prevent Steven Madden producing the “studied copy” of its Motorcycle bag. The French label is also seeking monetary damages and lost profits. Balenciaga’s complaint states: “Defendant’s wholesale copying of Balenciaga’s designs is likely to deceive consumers into believing that the infringing [handbag] is associated with or authorized by Balenciaga when it is, in fact, not.” In addition, Balenciaga claims not only is there customer confusion but it is also hurting the company’s goodwill, reputation and sales.

This is not the first time Balenciaga has filed a lawsuit against the American designer, Steve Madden. If you remember, in 2007 the company filed a complaint against Steven Madden for “intentionally copying” its LEGO high heel from its Autumn/Winter 2007 Collection.

Do you think Steve Madden’s Btalia copied Balenciaga’s Motorcycle bag? Or do you think they are just similar?

 

Stay Blessed

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