New Balance seeks to stamp out Converse claims

US shoe maker New Balance has sued Nike-owned Converse arguing it cannot claim ownership for design features including a toe bumper and stripe on its shoes.

New Balance, which is seeking to protect its PF Flyers brand, was responding to wide-reaching Converse lawsuits in which it accused 31 rival shoe makers and stores of trademark infringement last year.

Converse also sought an exclusion order at the US International Trade Commission (ITC).

In a lawsuit filed at the US District Court for the District of Massachusetts on December 23, New Balance said that Converse “does not have the exclusive right to use a toe bumper, toe cap and striped midsole in connection with athletic footwear".

PF Flyers was not among the companies Converse targeted but New Balance said it was concerned as the brand also uses a rubber toe bumper, toe cap and striped midsole.

The New Balance complaint claimed that should Converse win the case it could seek to enforce the ruling against many other shoes, including PF Flyers.

Converse’s complaints centre on its signature Chuck Taylor sneaker, first introduced in 1917.

In the complaints, Converse said it owns trademark registrations for the “distinctive midsole design made up of a toe bumper and a toe cap, plus an upper strike and/or a lower stripe”, a design that it said has become synonymous with Converse.

In November, WIPR reported that the ITC had agreed to investigate Converse’s claims.

New Balance is also seeking to cancel Converse's US trademark number 4,398,753, which covers the toe bumper, toe cap and striped midsole, because it argues that the claimed features cannot serve as a source identifier.

Converse did not respond immediately to a request for comment.