Gola Sues Clarks for Trademark Infringement
The owner of the classic Gola trainer has accused Clarks of selling shoes that allegedly copy Gola's protected "wing-flash" logo. According to Gola, the similarity is causing confusion among shoppers and influencing them to buy Clarks' footwear by mistake.
What is the Gola dispute about?
According to the legal complaint, Gola argues that the stripe pattern on Clarks' shoes is its protected "wing-flash" logo, which Gola claims has acquired distinctiveness and goodwill over time. Gola alleges that Clarks' use of a similar stripe on its footwear is causing confusion among consumers, potentially misleading them into thinking that Clarks' shoes are associated with, or even made by, Gola.
The legal theory behind Gola's claim likely hinges on trademark law principles, namely when a mark (or distinctive design) has acquired sufficient recognisability, any unauthorised use by another party that is likely to cause confusion or ride on that reputation can amount to infringement.
Lessons for brand owners and retailers
Often businesses think of trademarks in terms of names, word marks or labels. However, these legal proceedings remind the fashion industry that non-word features, such as design elements like a stripe on a shoe, can also be protected, provided they have acquired distinctiveness and are recognised by consumers as identifying a brand.
The essence of Gola's complaint is that consumers may be confused as to the origin of Clarks' shoes. Trademark law treats that risk seriously. For any retailer or manufacturer, design choices must be scrutinised, even where inspiration seems subtle.
For companies considering producing "similar but cheaper" versions of another brand's distinctive look, this case serves as a warning: the legal risk may outweigh any short-term cost advantage. A successful outcome in legal proceedings could lead to injunctions, damages, repetitional harm, and loss of sales.
What could this mean going forward
If Gola succeeds, as it has in previous legal proceedings, we may see Clarks forced to withdraw the allegedly infringing designs from sale. That could have ripple effects across retailers stocking those designs, requiring rapid recall or relabelling. The litigation could set, or reaffirm, boundaries for what counts as a protected logo in the footwear industry, potentially influencing how other brands design products and how retailers choose which styles to stock. For designers, manufacturers and brand-owners, this may lead to increased diligence around legal clearance of design elements before launching new footwear.
This case highlights the expanding reach of trademark protection within the fashion and footwear industries. It illustrates that even seemingly minor design elements can become the subject of litigation if they acquire distinctiveness and goodwill, and are then used by others in a way that risks confusing consumers.
Given the potentially far-reaching implications for design, retail strategy, product sourcing, and brand protection, now is an opportune moment for businesses to review their portfolios, check for possible exposure, and secure their own creative integrity with sound legal advice.
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Please note the contents of this blog is given for information only and must not be relied upon. Legal advice should always be sought in relation to your specific circumstances.
