grouch
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In general, there is no bar to copying fashion designs, except where they include such things as a logo or other unique, identifiable design.
You can get a design patent for some fashion designs. This wouldn't protect the last, but it could protect the non-functional aspects of the shoe.
Here's the first article I found explaining this:http://www.mhmlaw.com/files/Carani - Shoe Retail 7-09.pdf