Golden Goose has filed a motion to dismiss New Balance’s infringement complaint, which alleged that the streetwear brand’s Dad-Star shoe was confusingly similar to New Balance’s 990 design, according to court documents filed last week. New Balance opposed the motion.
Attorneys for Golden Goose argue that New Balance “failed to plausibly allege rights in a protectable trade dress,” and that the complaint “fails to allege any claim on which relief may be granted.”
Golden Goose also requested that the court hold an oral argument on the motion. A hearing has been set for Jan. 17, 2024, according to court documents.
The initial complaint, which was filed in August in the U.S. District Court for the District of Massachusetts, alleged violations of the Lanham Act as well as trademark infringement and dilution under Massachusetts law.
Golden Goose’s attorneys say New Balance doesn’t own a federal trademark registration for the trade dress it alleges, and calls for New Balance to identify the specific features of the shoe design “are non-functional and serve as source identifiers in the minds of consumers.”
The New Balance 990 shoe launched in 1982, and the Golden Goose Dad-Star shoe was released in 2020. Both shoes have a white logo and soles with gray uppers, and New Balance initially argued that Golden Goose’s shade of gray for the design was too close to New Balance’s hue.
New Balance similarly challenged Golden Goose’s use of the word “Dad” in the shoe’s name.
“New Balance is well-known as the ‘dad shoe’ brand and fosters an association with the term,” the original complaint states. It further stated that “within the New Balance model family, the 990 is known to consumers as the ‘original’ dad shoe.”
Representatives for New Balance and Golden Goose didn’t immediately respond to Fashion Dive’s request for comment.
