Mark Brutzkus recently spoke to Footwear News, a Women’s Wear Daily (WWD) publication, about the legality of “dupes” on the heels of Walmart’s sold-out Avia sneaker, which many customers are comparing to a more affordable version of the Hoka brand.
Mark explains that despite comparisons from consumers, as long as Walmart can maintain that they are not imitating any of Hoka’s branding or logos, there shouldn’t be any legal concerns for the brand.
“Dupes of this sort are typically legal so long as they are not infringing on the trademark, or logo/branding of the shoe,” Mark tells Footwear News. “If Hoka does have a trademark, they will have to prove that Walmart’s Avia shoe or its packaging has caused reasonable consumer confusion.”
Mark continues to clarify that to allege copyright infringement from Walmart, Hoka would have to prove customers have associated Avia’s stitching, silhouette, or other nonfunctional features with their branding in a way that caused reasonable confusion of the two products.
“What is most likely to be at play is the issue of trade dress, which focuses on the acquired distinctiveness of the shoe design as opposed to its functionality,” he continues. “As these cases can be difficult and expensive to prove, a settlement is far more likely in any case,” he concludes.
