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In early August, the Danish Maritime and Commercial High Court supported luxury fashion brand Ganni’s IP infringement claims against Steve Madden. Subsequently, the court issued an injunction to Madden, terminating the manufacture and distribution of the shoes in Denmark.
The Ganni Buckle Ballerina Shoe is distinct for its large metal buckles, pointed toe, and slingback, low heel. All of these elements feature in the Steve Maddern ‘Grand Ave Shoe’. Ganni distinguishes that these elements exceed mere ‘functionality similarities’ and are, thus, creative infringements. The Danish high court agreed with Ganni, concluding that the shoes were unique pieces of applied art, thus making them eligible for copyright protection. Court records show that Ganni’s Buckle Ballerina Shoe have rising popularity in Denmark, particularly in Ganni’s home city Copenhagen. Thus, the injunction against Steve Madden distributing the “copycat” shoe is a huge success for Ganni.
Steve Madden, however, did not go down without a fight. Ganni accelerated their request, asking for the curtailment of manufacturing not just in Denmark, but globally. Madden rebutted, saying that the style of shoe is increasingly popular in the fashion industry and that the Ganni Buckle Ballerina was not their sole inspiration. After Ganni sent cease-and-desist letters to Steve Madden for the production of the Grand Ave Shoe, Madden filed harassment charges against the Danish company. The charges have led to an ongoing libel and tortious interference lawsuit in the US District Court (Eastern New York). At the time of writing, these proceedings are still continuing.
Although Ganni’s IP protection case only had traction within Denmark, it does open doors to conversations surrounding the intellectual property protection of design and art within the fashion industry.
By Willow Palmer, a student at Southampton University.
