Pages

Friday, October 06, 2017

“One of the most disturbing things in the fashion industry is when someone blatantly steals your copyright designs and doesn’t care,” his label posted on its Instagram account in March 2016. “You should know better. Shame on you @ivankatrump! Imitation is NOT the most sincere form of flattery.” Aquazzura sent a cease-and-desist letter to Ms Trump about the shoe, asking her company to stop selling its sandal.

The headline is an Independent paragraph, the report going on to say:

“Based on Aquazzura’s prior dealings with your client’s company, and on the obvious and purposeful copying of our client’s shoe, we anticipate that you will challenge Aquazzura’s rights in its design, maintaining that the designs lack secondary meaning, and that your client is therefore free to knock them off with impunity,” the letter said, citing some of the elements of infringement.

To avoid a court battle, Aquazzura demanded Trump’s company remove all pictures of the sandal in question from its website and social media, stop advertising the shoe, destroy all existing pairs, disclose its manufacturer, hand over profits from sales of the offending shoe, and “agree in writing under oath not to offer for sale any knock-off” again.

Aquazzura gave Ms Trump a week to comply, or else face legal action.

Ms Trump did not comply, so two months later, Aquazzura sued her along with Marc Fisher. In a complaint filed in June 2016 in Manhattan federal court, the company accused Trump of infringement, unfair competition, and deceptive trade practices.

“Seeking the same success Aquazzurra experienced but without having to put in the hard creative work, defendants resorted to knocking off plaintiff’s popular designs,” the complaint stated. Trump has denied any wrongdoing.

Darren Saunders, attorney for the defendants, said Wednesday that the two sides are in settlement talks. Lawyers for Aquazzura declined to comment.

Intellectual property spats are common in the fashion industry, [...]

There seems a bit of sleaze in design misappropriation. With intent being likely; "negligent" design knockoff being improbable.

Another recent Independent report:

The AP also found that tonnes of Ivanka Trump clothing were exported from 2013 to 2015 by a company owned by the Chinese government, according to public records and trade data. It is unclear whether the brand is still working with that company, or other state-owned entities. Her brand has pledged to avoid business with state-owned companies now that she's a White House advisor, but contends that its supply chains are not its direct responsibility.

Chasing money can be done with class, or in a shabby or overly circumspect way reflecting poorly upon the money chaser.