In one of the most hotly-litigated trademark cases ever decided by the International Trade Commission, Converse’s “midsole” trademark covered by U.S. Registration No. 4398753 has been found invalid. As shown below, Converse’s trademark covered (1) the design of two stripes on the shoe’s midsole, (2) the design of the toe cap, (3) the design of the multi-layered toe bumper featuring diamonds and line patterns, and (4) the relative position of these elements to each other:
Converse had sought a general exclusion order barring the importation of shoes bearing the above design, initially naming over 30 respondents. Most respondents settled, but Walmart, Skechers, Highline, and New Balance took the case to trial.