Raben wins temporary relief

NATIONAL: Shoe company Marathon Footwear has been ordered to stop importing and selling all 'Raben' branded product as a result of an appearance in the Federal Court last week (April 17).

The order came after New South Wales-based brand Raben Footwear, which registered its trademark 15 years ago, took action against Marathon for selling a type of rubber-soled canvas shoe bearing its name.

The court heard the Marathon product which features the word ‘Raben’ on the innersole is supplied in boxes which bear the word ‘Raben’ against the word ‘style’. The footwear itself is supplied in clear plastic bags which also have imprinted on them the words ‘style name: Raben’.

Raben successfully argued that it started applying the word ‘Raben’ to its footwear to distinguish it from other footwear when Ronny Leopold Lewy, one of the two Lewy brothers who were involved in the partnership, prior to the incorporation of the company, took the first two letters of his daughter Rachel’s name and added them in about 1975 to the first three letters of his son Benjamin’s name.

The judge, Justice Graham, noted the orders were until further notice to allow Marathon time to answer the allegations.

The case is the second of its type in as many weeks after popular footwear brand Crocs launched what it is believed to be a multi-million dollar lawsuit against Rivers Australia for what it alleges is a breach of copyright.

The two parties appeared in the Federal Court last week after Crocs alleged that Rivers had copied "at least" seven styles of its shoes.

The styles concerned include the Mary Jane, Scutes, Georgie and Athens designs.

Rivers legal team successfully sought an adjournment until July to prepare its defence and cross claim.