There are a lot of elements that make Virgil Abloh’s Off-White brand so iconic. From the deconstructed designs to the quoted text, when you see a sneaker with either of these you’ll know straight away that it comes from the Milan-based fashion label. One thing that’s also signature to Abloh’s sneakers is the red zip tie, and after a long legal battle, this has now been officially trademarked by Off-White.
Off-White began using the zip tie in its designs back in 2016. In the same year, they filed a trademark application for it. This was denied in 2018 by examining attorney Linda M. Estrada who stated that they are utility items, citing “functional matter cannot be protected as a trademark.” The colour red was also up for much dispute as it was apparently “not inherently distinctive.”
Off-White then countered, arguing that zip ties are not strictly functional as they’re “neither absolutely needed nor important to the purpose of products.” The brand followed up in late-2020 stating, “The Examining attorney has supplied no evidence that any other fashion brand does use, or has ever used, a red zip tie in this manner. Granting a registration for Applicant’s mark would not put competitor fashion brands at a disadvantage, except that it would stop competitors from trading on the significant track record of Applicant.”
Now, a whole six years after Off-White originally attempted to trademark the red zip tie, the application finally passed on March 29th. The paper clarified in detail the certain form and positioning of its zip tie as shown in the image below. This is a substantial win for the company, as it outright stops other brands from imitating them. with that said, it is sad that the late Virgil Abloh is no longer here with us to experience this victory. let us know what you think of this, and in related news, the Off-White x Nike Air force 1 “Green” was recently unveiled!
Image by means of USPTO
