Steve Madden has lost a copyright battle in Denmark after the Maritime and Commercial Court ruled in favor of Ganni A/S over its “copycat” Grand Ave shoe. The court issued an injunction preventing Steve Madden from offering, marketing, and selling its Grand Ave shoe in Denmark, after finding it closely resembled Ganni’s Buckle Ballerina shoe, infringing on Ganni’s copyright-protected design.
The case, initiated by Ganni in May, centered around whether Steve Madden’s Grand Ave shoe violated the copyright of Ganni’s distinctively designed Buckle Ballerina shoe. Ganni argued that its design, featuring a pointed toe, low heel, and prominent metal buckles, was more than functional and deserved copyright protection. The court agreed, finding that the Buckle Ballerina was an original work of applied art, marking a significant shift in the European legal landscape regarding fashion design copyrights.
In reaching its decision, the court considered factors such as the originality of the design, the designer’s creative choices, and the distinctiveness of the shoe. Expert testimony confirmed that the Grand Ave shoe bore striking similarities to Ganni’s design and could confuse consumers. Despite Steve Madden’s argument that its design was based on common trends in the industry, the court sided with Ganni.
The ruling prevents Steve Madden from selling or distributing the Grand Ave shoe in Denmark, a significant victory for Ganni, which is well-known in Denmark though less internationally recognized than Steve Madden.
The legal dispute is also ongoing in the U.S., where Steve Madden sued Ganni for “harassing” retailers and libel after Ganni sent cease-and-desist letters regarding the Grand Ave’s American counterpart, the GRAYA Flat shoe.
The Bigger Picture: This ruling could have wider implications for the fashion industry in Europe, where copyright protection for fashion designs has been gaining attention, particularly after the 2021 Cofemel decision, which broadened the scope of copyright protection for applied art in the EU. This contrasts with the U.S., where copyright protection for fashion designs remains more complex due to the utilitarian nature of garments and accessories.
