“I Want to Enter with Sneakers”: Legal Dynamics of Fashion and IP in the World of Sneakers

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The universe of sports shoes or “ sneakers ” is not only a cultural and fashion phenomenon, but also a fertile field for legal battles in the field of intellectual property. This legal dimension is reflected in two recent cases that have generated significant debates.

The first case, involving Scalpers and Adidas, highlights how the law interprets imitation and uniqueness in the design of sneakers. In this case, the Provincial Court of Madrid ruled that the Scalpers sneakers were not an unfair copy of the famous Adidas “Stan Smith”. Despite the stylistic similarities, the court found key differences: Scalpers used his distinctive skull logo and lacked Adidas’ three signature lines. The ruling highlights that uniqueness in the sneaker market is not based solely on design, but also on the identity and distinctive elements of each brand. This case highlights the fine line between inspiration and imitation, showing how courts discern between unfair competition and legitimate design innovation. The decision is still appealable so we will be attentive.

In the second case, Paredes Holding Center SL faced the challenge of registering a position mark for its footwear. The European Union Intellectual Property Office – EUIPO initially rejected the application, arguing… Read more

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