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Tag Archives: Louboutin

Louboutin & Lessons Learned

Posted in Branding, Copyrights, Infringement, Keyword Ads, Law Suits, Marketing, Non-Traditional Trademarks, Search Engines, Sight, Trademarks, USPTO

As promised, here are some further thoughts, lessons learned, and remaining unanswered questions concerning the recent and long-anticipated decision of the Second Circuit Court of Appeals in Christian Louboutin S.A. v. Yves Saint Laurent Am. Holding, Inc. Lessons Learned for Marketing Types: Single color trademarks may be owned, registered, and protected when they are distinctive and… Continue Reading

Louboutin Keeps Its Trademark Registration

Posted in Famous Marks, Infringement, Trademarks

–Catlan McCurdy, Attorney The most publicized trademark lawsuit in 2012 has now come to a close, and while Louboutin was denied its motion for a preliminary injunction, the company should be happy it didn’t lose everything. As you might recall, the District Court initially denied Louboutin’s motion in August 2011 and then went one step too… Continue Reading

Louboutin Wins Second Circuit Appeal, Sort Of . . . .

Posted in Branding, Infringement, Law Suits, Marketing, Non-Traditional Trademarks, Sight, Trademarks, USPTO

At long last, here is a pdf link to the decision, and here is the Second Circuit Court of Appeals summary in a nutshell: “We conclude that the District Court’s holding that a single color can never serve as a trademark in the fashion industry, Christian Louboutin S.A. v. Yves Saint Laurent Am., Inc., 778… Continue Reading

DIY Louboutin: A Can of Red Paint and $30 Pumps

Posted in Sight, Trademarks

–Catlan McCurdy, Attorney Over at DuetsBlog, we have been anxiously awaiting the Second Circuit’s decision in Christian Louboutin v. Yves Saint Laurent. It was predicted that a decision would be made by early Spring 2012. Meanwhile, the French have already made their decision and moved on, covered by our own Tiffany Blofield here. The British,… Continue Reading

lower case brands, wall of fame or shame?

Posted in Advertising, Branding, Famous Marks, Marketing, Trademarks

As promised, some time ago, here is an enormous wall sign from one of the many hallways connected to one of the many shopping areas at The Shoppes at the Palazzo in Las Vegas, showing all these retail brands in simple lower case style. No trademark notice or registration symbols either. . . . Do you suppose the entity responsible… Continue Reading

Louboutin: Still Waiting on the Second Circuit Court of Appeals

Posted in International, Law Suits, Non-Traditional Trademarks, Trademarks

When I snapped this photo over a month ago in Las Vegas, I figured it wouldn’t be much longer before we hear from the Second Circuit Court of Appeals in the Christian Louboutin v. Yves Saint Laurent red sole trademark infringement case. Trademark types are anxiously waiting to hear whether the district court’s denial of Louboutin’s… Continue Reading

Louboutin Red-Sole & Surrounding Contrast: An Implied Trademark Limitation

Posted in Articles, Branding, Fair Use, Infringement, International, Law Suits, Marketing, Mixed Bag of Nuts, Non-Traditional Trademarks, Sight, Trademarks

The Louboutin lacquered red sole trademark is the subject of great debate in the trademark world, fashion industry, popular news media, and among law school academics and friends of the court. I’m just not seeing it. I really don’t see a viable trademark claim here for Louboutin. Not for the reasons found by the district court — I… Continue Reading

Louboutin Red: Blending Into the Background

Posted in Branding, Fair Use, Infringement, Law Suits, Non-Traditional Trademarks, Sight, Trademarks

A purely hypothetical puzzle, but I’m wondering, would Christian Louboutin have a viable trademark claim if Yves Saint Laurent sold women’s shoes in boxes bearing the above seemingly random grid of letters, each letter having equal type, style, font, color and emphasis? For those of you who answered with a strong “of course not,” I suspect your answer must change if selected… Continue Reading

Louboutin in Danger of Losing the Red-Soled Trademark

Posted in Trademarks

–Catlan McCurdy, Attorney In April of this year, shoe designer, Christian Louboutin, turned heads in the fashion and trademark crowds when the brand sued Yves Saint Laurent (YSL) for infringing Louboutin’s signature look: red-soled shoes. Duets covered it here. Both interested lawyers and fashion aficionados have been awaiting some form of decision, and our wishes… Continue Reading

Don’t Underestimate the Power of a Logo and Other Distinguishable Matter

Posted in Almost Advice

Yesterday, Under Consideration’s Brand New Blog discussed the redesign of the Nickelodeon trademark. Nickelodeon has decided to drop the well known splat design that encapsulated the NICKELODEON term. As reported by Under Consideration, Nickelodeon’s “splat” has existed in one form or another for over 15 years. Although the orange “splat” has evolved over the years, it was a… Continue Reading