Predictably, the glossies and fashion blogs fawned over the chic heels, sandals, and boots. “We’ve never met a pair of Aquazzura shoes we didn’t want to buy,” a WhoWhatWear fashion editor wrote. Harper’s Bazaar gushed over the fringe sandals, declaring them “fiercely fashion forward.” Vogue even lauded an Aquazzura wallpaper collection as “the most beautiful thing you’ll see this spring.”
Aquazzura’s celebrity following meshed with Osorio’s over-the-top extravagance. Last year, he decided to hold his 30th birthday party in Florence’s Palazzo Corsini, a two-day bash complete with a surrealist ball. Guests arrived in full costume to dine under towering gold candelabras. Osorio sported a massive headpiece with two curved angel wings pointed skyward, like a mythical deity turned haute couture. In the world of high fashion, he had arrived.
There won’t be any ritziness if Aquazzura’s fight with Trump ends up at a lower Manhattan courthouse. U.S. District Judge Katherine Forrest set trial for next March, triggering a production line of legal filings, evidence demands, and depositions of witnesses from both sides in preparation for their day in court. Come next spring, if a settlement hasn’t been reached, the trial may begin exactly two years after Aquazzura’s angry Instagram post.
Ivanka Trump wants nothing to do with the case, let alone a trial. She tried to duck a deposition by arguing she shouldn't be forced to testify because she isn’t involved in the design or sale of her company’s allegedly offending shoe.
“Trump was not aware of the Aquazzura style ‘Wild Thing’ shoe at the time she signed off on the season line that contained the Ivanka Trump style ‘Hettie’ shoe,” Saunders, her lawyer, argued in a letter to the judge. “The burden of a deposition of Ms. Trump would far outweigh any likely benefit to Aquazzura.” Saunders added that her role as a “high ranking government official” should preclude her from having to submit to a deposition. (Trump was appointed to be an assistant to her father in the White House).
On June 23, Forrest rejected Trump’s argument. “She is alleged to have personal involvement in the events at issue in this lawsuit,” the judge ruled. “She cannot avoid a deposition in this matter.”
“It’s so connected to our brand, this is who we are”
Ivanka Trump’s fashion brand has had a rocky history when it comes to copycat allegations. Less than a year after she began selling footwear, her company was called out by New York designer label Derek Lam for allegedly copying a sandal style. A cease-and-desist letter was sent, and while Trump’s representatives denied the allegations, her brand pulled the shoes from online shops and store shelves. Then in 2012, California clothing brand Mystique sued Trump’s trademark holding company over a different pair of sandals. She rejected the claims. Seven months later, the parties reached a settlement. In 2016, the Trump label was the target of two patent infringement lawsuits, which were both dismissed.
As for Aquazzura’s Wild Thing sandal, that case largely comes down to something called trade dress. Aquazzura is trying to show that its style is so distinct and well-known that consumers equate the design with the label. “Any time you have trade dress involved in fashion, you’re saying ‘We’re the Louboutin red’ or ‘We’re the Burberry flat,’” said Lakhany, the trademark attorney. “They’re saying ‘it’s so connected to our brand, this is who we are.’”In this case, the key design component is the red fringe. Lakhany expressed doubt as to whether that was enough to hang a lawsuit on: “I don’t know if the red fringe design can hold up to Louboutin red and Burberry plaid.”
In addition to Wild Thing, the Aquazzura complaint stated that Trump’s company had copied a pointy-toed black pump, the Forever Marilyn shoe, and a strappy low-heeled sandal, the Belgravia. At the same time last year, Aquazzura sued Steve Madden for infringement on three different shoe designs. (Madden disputed the allegations. That fight settled “in principle” in April according to court records, but the judge subsequently reopened the matter a month later at Aquazzura’s request. (Spokespeople for Madden and lawyers for Aquazzura declined to comment.)