Sneaky Sneakers

Converse All Stars sneakers are iconic.

Who doesn’t own or has owned a pair of these classics? It is safe to assume that the trademark rights of the sneakers are well protected. So surely no one would even consider trying to copy them – or would they? 

Apparently, there are still companies who will try to emulate the appearance of the shoe, thereby benefitting from its prestige. Take a look at an EU trademark application for "Cebo" that was recently filed by a party based in Belgium. 

 The application was for shoes (no surprise there). It was also no surprise when All Star C.V. (the owner of the All Star/Converse trademark) filed an opposition, citing the figurative marks shown below.

The opposition was based on both the risk of confusion and the reputation of these older trademarks.

It is obvious even to an untrained eye that these trademarks make a similar overall impression, especially when it comes to the thick sole, the shoelaces and the circular logo. But are these similarities close enough to entail a risk of confusion? Could consumers really confuse these shoes with All Stars (direct confusion) or think that they are made by the same manufacturer (indirect confusion)? Or would accepting these claims give All Stars too great of a monopoly? This is an interesting issue and there are plenty of arguments on both sides.

All Stars also referenced the reputation of its trademarks. This implies that the use of the Cebo trademark could either harm, or unfairly benefit from, the distinctive character and reputation associated with the All Stars trademark. Legal terms like "reputation" are frequently used, but what do they actually mean? 

Trademarks with a widespread reputation enjoy a higher degree of protection. Even a lesser degree of similarity to another trademark can be problematic if it threatens the distinctiveness and reputation of an established trademark. This concern arises, in particular, when there is a risk of "dilution" of the older trademark. To support such claims, it is necessary to present reasonable evidence of the trademark’s reputation. If All Stars can produce convincing evidence, we think that it stands a fair chance of success on these grounds.

As usual, the European Trademarks Office has given the parties extra time to see whether they can reach a settlement. Once this period expires, the opposition will begin in earnest.

What do you think? Will there be a courtroom clash, with All Stars emerging as the victor? Or will they limp home with their heart in their boots? We’ll keep a close eye on this case for you. Stay tuned…

Author: Matthias Van Den Broek

Bio: Matthias van den Broek is a trademark attorney and specialist in advising in online brand protection and domain name disputes. His client portfolio includes well-known names in the financial sector, ranging from crypto startups to market makers. Matthias enjoys writing about current intellectual property issues, with an affinity for design law.