On 28 December 2018, British shoe-maker Sophia Webster accused the rival Aquazzura on social media claiming that they have copied their ideas.
The post features images of Sophia Webster’s heels with speech bubbles “Boss” on the right shoe and “Lady” on the left. It also contains images of a pair of Aquazzura loafers complete with metal lettering that reads ‘‘Boss Lady’’.
Sophia Webster is not pleased with the design of Aquazzura’s loafers especially their choice of wording on it. This accusation also garnered some sympathy amongst her fans and consumers on the social media platform.
However, it is important to note that Webster did not use of the “Boss Lady” moniker for the first time. In addition, they do not own Trademark rights of the term.
The growing feud over the term “Boss Lady” on social media with claims of copying would probably not stand up in a Court of law. This is because they do not have any resemblance, aside from the use of the “Boss Lady” term.
Webster can only think of a Trademark infringement suit against their rival. As they do not own the design patent, they cannot file a design patent infringement suit. However, there are certain problems with filing the Trademark infringement suit against Aquazzura as well.
The first problem with it is neither of them is using the term in their shoes in a Trademark capacity. They are not using it to distinguish their products from others. It is rather used as a decorative element as a part of some of the styles of their shoes. Secondly, Boss Lady Entertainment, Inc. owns the trademark of the term for active wear. They can argue that the use of the terms in shoes would most likely cause confusion among customers. In this battle of designs and words, we are yet to see who proves their mettle.