Converse, the Nike-owned footwear manufacturer, has recently
sued 31 different retailers for trade mark infringement. In each
case, Converse alleges that the retailer is selling footwear that
infringes trade mark registrations that it has for the appearance
of its famous Chuck Taylor shoes. Most readers will know that
product features like shape, pattern, configuration and
ornamentation can be registered as trade marks, in much the same
way that more conventional identifying features like brand names
and logos can be registered.
Converse's decision to launch these legal proceedings is
interesting. In the first place, trade mark registrations for
product features like shape and pattern are still relatively rare,
and cases involving such registrations are never easy. One issue
that often comes up is this: are the features that've been
registered functional? If so, they won't enjoy protection.
Another issue that comes up is this: do the features that've
been registered
