Is Payless Committing Copyright Infringement on Tory Burch?

According to WWD, River Light V, which produces the Tory Burch line, filed a trademark infringement lawsuit in March against Wanted Stores Inc., Orva Stores and A&E Stores Inc., which does business as Strawberry Stores. The lawsuit alleged that all three companies sold shoes that infringe on Tory Burch's Reva ballet flat trademark.

The Reva is the "Must Have Flat" (see pictures below). Will Payless also be mentioned in a infringement lawsuit? Payless is currently selling a "Reva" like flat called the Crest Ballet Flat (see pictures below). The Payless flat is very similar to the Tory Burch Reva flat. Is this inspiration or copying?

What do you think? Is the Payless shoe too similar? Should Payless be included in the lawsuit?


Tory Burch

Nappa Leather Reva Ballet Flat in Equestrian Orange

$195.00



















Nappa Leather Reva Ballet Flat in Black Patent Leather

$195.00























Payless

Crest Ballet Flat in Black

$19.99

















Crest Ballet Flat in Gold



$19.99