Is a Shoe Sole Subject to Copyright (not including the logo)

[sirluke4]

What is the name of your state (only U.S. law)? ID, but would apply all over US

I realize there are some specific patterns or features that do have trademarks or other legal protection, such as shoes with a Red Sole (Louboutin), and the Air Jordan pattern (****). This question is about something more generic.

For instance the cleat pattern of a football shoe? If that pattern showed up on a different shoe, would that be a violation?

Thank you.

 

[quincy]

What is the name of your state (only U.S. law)? ID, but would apply all over US

I realize there are some specific patterns or features that do have trademarks or other legal protection, such as shoes with a Red Sole (Louboutin), and the Air Jordan pattern (****). This question is about something more generic.

For instance the cleat pattern of a football shoe? If that pattern showed up on a different shoe, would that be a violation?

Thank you.

Copyright protection for a cleat pattern? Possibly. Copyrights protect original and creative expressions.

However, rights protection on cleats would generally be offered under patent laws (e.g., detachable cleats) and a distinctive appearance could become a company product trademark.

 

[FlyingRon]

Actually, I've seen design patents for shoe soles, as well.

But I'd be more suspect of the trademark issues than anything else.

In the cases specifically mentioned, Christian Louboutin was able to secure a trademark on the red sole and defend it in the US. The European markets are still casting about on this. He was denied such protection in Switzerland and as of this March (haven't seen anything later) it was still being litigated in the EU.

I'm not aware of any sole pattern lawsuits involving **** (Air Jordan), they have had other infringement suits on things that look too much like the Air Jordan logo and some patent issues on the shoe construction.

 

[quincy]

Adidas partnered with DuPont on Kevlar cleats. The Adida shoe designs can have copyright protection as well as trademark protection.

But I see far more cleat patents than anything else.

And there will always be a problem with counterfeits entering the market.

 

[justalayman]

Adidas partnered with DuPont on Kevlar cleats. The Adida shoe designs can have copyright protection as well as trademark protection.

But I see far more cleat patents than anything else.

And there will always be a problem with counterfeits entering the market.

Shoe trivia


Adidas was founded by Adolf Dassler in 1948 when he and his brother, Rudolf, split their company, Dassler Brothers Shoe Factory (Americanized name), which they founded in 1924. Rudolf named his company Puma. Yes, that Puma. Adolf, whose nickname was Adi, named his company Adidas, like in Adi Das(sler).

 

[quincy]

Shoe trivia


Adidas was founded by Adolf Dassler in 1948 when he and his brother, Rudolf, split their company, Dassler Brothers Shoe Factory (Americanized name), which they founded in 1924. Rudolf named his company Puma. Yes, that Puma. Adolf, whose nickname was Adi, named his company Adidas, like in Adi Das(sler).

It is interesting how trademarks are chosen.

 

[FlyingRon]

I was just finding it amusing that N I K E is considered to be profanity in this forum.

 

[quincy]

I was just finding it amusing that N I K E is considered to be profanity in this forum.

The filter was at N!ke's request, coming after numerous spam ads on this site touted counterfeit goods. The spam filters on FA now block most of those ads but they were a real problem a few years ago.

Because of the asterisks, though, I now tend to use Adidas in my examples.

 

[sirluke4]

Thanks.... that's kind of helpful.

Well we are talking the US. and it's not cleats so to speak, just a thick tread for running obstacle course races, such as Spartan or Tough Mudder. When I asked to send me some sample picture of what they wanted to use for the soles I recognized it immediately. I highly doubt they have bothered to trademark it, all of the distinctive features are available in other forms on other shoes, I just don't want a claim that I have a knock off of something that belongs to them and have to basically scrap 1000 pairs.

 

[justalayman]

Are you a manufacturer? If so make certain they accept the design and if there is an IP dispute they are liable to costs and profit to you. You should also have them sign a hold indemnification agreement stating they will provide you legal protections and cover any liability you might incur should there be an ip dispute

 

[quincy]

Well we are talking the US. and it's not cleats so to speak, just a thick tread for running obstacle course races, such as Spartan or Tough Mudder. When I asked to send me some sample picture of what they wanted to use for the soles I recognized it immediately. I highly doubt they have bothered to trademark it, all of the distinctive features are available in other forms on other shoes, I just don't want a claim that I have a knock off of something that belongs to them and have to basically scrap 1000 pairs.

You have been approached by a shoe maker in the US to manufacture special soles/treads for running shoes ... and you are concerned that the soles/treads the shoe maker wants you to make might be rights protected (e.g., design patent, trademark, pattern copyright)?

It is up to the shoe maker to make sure their shoes do not infringe on the rights of others. The shoe maker can face legal problems if their shoes use without authorization the patents, copyrights or trademarks of others, and the shoe maker can also face legal problems for inducing another (you the manufacturer) to infringe.

Although no contract can prevent a lawsuit no matter how well-drafted the agreement might be, you will not want to take on a product manufacturing job without a contract in place that includes, among other important clauses, a warranty and indemnity clause. I agree with justalayman.

I recommend you have an IP attorney in your area personally review and research the particulars, and then help you draft a contract for use with the shoe maker.

Good luck.