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Alex J.
Alex J., Solicitor
Category: Law
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Experience:  Solicitors 2 years plus PQE
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Is it illegal to customise footwear which are of branded names

Customer Question

Is it illegal to customise footwear which are of branded names purchased from high street shops ,then I customise with own designs & resold making a profit on the design i have created, Plus the retail price paid for them originally? No re branding or defacing of designer labels take place ? Apparently a patent has been granted for customisation of toe area of a trainer to a USA company recently causing mayhem & confusion. Does this now mean they have total right for exclusivity whatever the design using crystals on toe area of any footwear. This really Does not make sense as many shoe companies use crystals and infringe on same design & area of shoe/trainer. All seems very complicated.
Submitted: 3 years ago.
Category: Law
Expert:  Alex J. replied 3 years ago.
Hi,

Thank you for your question and welcome to Just Answer.

Are you selling these items in the UK?

Kind regards

AJ
Customer: replied 3 years ago.
Not yet but need advice as to what the laws are for this in uk ?
Expert:  Alex J. replied 3 years ago.
Hi,

Thank you.

The laws will exists in Copyright. These are known as registered and unregistered design. The main legislation for this is Copyright Patents and Design Act 1988.

In England it would not be possible for some one to obtain a patent simply because they are altering the stylistic nature of the toe of a shoe.

If you want to produce shoes subject to the adaptation of a well know trainer brands registered design you will need their permission. This is certain as you will be selling their brand for a commercial gain.

If you wanted to proceed to doing this anyway without permission of the shoe manufacturer, then you must ensure that you do not advertise your product using their name as then you could be guilty of Trade Mark infringement as well. For example you cannot advertise the product as "customised Nike trainer".

What exactly were you looking to do? I look forward to hearing from you.

Kind regards

AJ

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