The Case of the Skull Zipper-Pulls.

Once again, everyone misses the importance of the skull zipper-pull.  And oh yeah, Steve Madden sucks.  I mean he really sucks — he is a convicted felon who was sentenced to 41 months in prison for securities fraud, money laundering and stock manipulation (at least according to wiki); and his entire business model is to copy the shoes of high-end designers and to sell them at low-end prices.

If you haven’t already heard the news, Alexander McQueen is suing Steve Madden for trademark infringement because Steve Madden blatantly ripped-off McQueen’s brilliant goth bootie design.   Steve Madden is busted.  There is no disagreement there; he copied everything except for the all-important skull zipper-pull (Alexander McQueen’s secured trademark).

Trademark law, however, does not protect clothing, including shoes, from being copied (even down to the sole).  It just protects the trademarks.  Mr. McQueen is out of luck legally.  And this makes a lot of sense.  Top designers don’t need additional protection.  Siouxsie and even a less-savvy shopper could pick out the McQueen from the Madden every time (no matter how close the knock-off).  While Siouxsie would love to own Mr. McQueen’s goth booties, Siouxsie would never be caught dead (or undead) in Steve Madden’s cheap looking skull-less version (no matter how similar they are).  Years ago Siouxsie bought Madden and found out that they were uncomfortable and uncool.  Everyone who buys Madden shoes knowingly and willingly makes this compromise — they know they are buying knock-offs and their feet feel it too.   That has been enough protection for high-end designers.  Mr. McQueen and his hot-shot lawyers are trying to change the status quo.

Siouxsie just doesn’t see it.  The courts aren’t going to buy it.  And apparently, Mr. McQueen isn’t waiting on the Southern District of New York.   He has taken matters into his own hands.  No way can Madden knock-off these babies.

~ by siouxsielaw on October 12, 2009.