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Tag Archives: Second Circuit Court of Appeals

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

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