Inspiration or Counterfeit? Where Exactly Is the Line?

The Adidas vs. Steve Madden case is one of the disputes that shows how thin the line between legal inspiration from trends and infringement of others’ rights can be. For years, Adidas has consistently protected its three-stripe motif – not as a general decorative idea, but as an element that identifies the brand, strongly rooted in the minds of consumers.

The dispute did not focus on whether the stripes could be used at all, but whether their use on Steve Madden shoes could give the average customer the impression that these products came from Adidas or were in any way related to it. In trademark law, it is the risk of confusion that is crucial, not the designer’s intentions.

Infringement occurs when the similarity is so strong that it triggers associations with a specific brand, and the brand benefits from someone else’s recognition.

What is the conclusion?

The law does not protect trends or ideas as such. It protects associations in the minds of consumers. And these associations determine the line between inspiration and counterfeiting.