Shoe outlet Gevavi has been told it won’t have to stop selling its rubber children’s boot Groovy since it doesn’t after all infringe the copyrights of the Fashion Boot by rival Druppies, the District Court in Overijssel concluded in interim proceedings at the end of May.
Left: the Groovy; right: the Fashion Boot
In 2019, after the two parties failed to reach agreement concerning the supply of a consignment of Fashion Boots to Gevavi in 2018, Gevavi decided to bring out its own boot, the Groovy. Druppies now claims that the Groovy infringes the copyright of the Fashion Boot.
However, according to the Court, a coloured half-height boot for children can’t be protected by copyright. The distinctive elements of such a boot, such as the small tab, side ‘buffers’, deep sole profile, bright colours and flanking logo, were all either not new or partly functionally dictated. Result: no copyright for the Fashion Boot and hence no infringement by the Groovy. Druppies was also ordered to pay over € 15,000 in legal costs.
Left: the Groovy; right: the Fashion Boot: no copyright for coloured half-height children’s boots