Aquazzura v Ivanka Trump

Use the following two articles:

http://money.cnn.com/2017/06/24/news/companies/ivanka-trump-court-deposition-aquazzura/index.html

https://papers.ssrn.com/sol3/papers2.cfm?abstract_id=2831213

Again, there are several novelty issues to be resolved, such as whether the design in women's wearable apparel is with the realm of functionality, separable or inseparable from the protectableintellectualproperty rights? etc.

http://www.thefashionlaw.com/home/aquazurra-calls-out-ivanka-trump-for-copying

http://www.racked.com/2016/6/24/12025838/aquazzura-ivanka-trump-lawsuit

Caveat:Please stay away from any potential politics surrounding the case. Draw inferences from the event by finding the nuances between the authentic and mimic ones.And further, the legal positions for functionality vs trademark issues of a product or service.

You will provide a case outline based on the following:

Fact:Just present pertinent facts, without anything else

Issue: Starting with "Whether" type of statement comparing facts with rules but presented in a general term (e.g., "Ivanka" becomes a company or firm, "shoes" become a product, etc.) begging for an answer.

Rule/Law/Theory: Please be substantive with what the law is about, not just cited as "trade dress infringement law", etc.

Analysis:Using the law as the "standard" to "measure" with pertinent facts.

Conclusion: reach at your conclusion.

Please answer this question based on the above analysis: How would you reason for either side if you believe that side should prevail?