PUTTING THE BOOT IN

The IPKat’s friend Gadi Oron has just sent him news of various recent Israeli IP decisions, including Buffalo Boots v Lucassi Shoes (Tel Aviv District Court, 11 January 2004). Buffalo Boots sued Lucasso for selling shoes which looked similar to their own and bore a similar “boomerang” logo. The parties’ shoes were however sold under quite different names. No passing off, said the court. Although Lucasso’s shoes were almost identical to the claimants’ in their appearance, the fact that they bore different names prevented the public from being misled. Buffalo Boots however succeeded on the ground of “false attribution” in that Lucasso described its shoes to potential retailers as being “Buffalo Boots”. Damages were awarded for false attribution and trade mark infringement, even though loss no was proved.

The IPKat, who only knows of “false attribution” as a doctrine under British copyright law, is surprised to see it brought into play on facts in which trade mark infringement and passing off looked to be more promising avenues to pursue.

Find out about Buffalo Bill, buffalo steak with Jack Daniel sauce, buffalo hide and Buffalo University
False attribution syndrome; false attribution in literature and in photography
A Grimm view of Buffalo Boots
Footwear for other animals here, here and here