Ladies, I am appalled by Skechers’ blatant rip off of TOMS shoes and business model. TOMS started their business for the purpose of helping kids and created a unique shoe design that is instantly recognizable. I feel like Skechers is just trying to raise profits and make their brand relevant again. If their only concern was making a difference, why did they scope out the TOMS shoe line and simply reproduce TOMS’ shoe design?

TOMS clearly has a case for trade dress infringement. I’ve mentioned trade dress infringement before (Kim Kardashian ripping off Botkier, Forever 21 ripping off Jeffrey Campbell). Trade dress allows for protection of the visual appearance of something, as long as it is not functional or is not the cheapest/most efficient way to create something. The trade dress must also be distinctive, meaning when you, the consumer, see it, you immediately think of TOMS and only TOMS.
Do you think TOMS has a case?