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Color Trademarks in the Fashion Industry --Louboutin Wins the Battle; YSL Claims Victory in the War by Simon J. Frankel
Covington & Burling LLP - San Francisco Office
Louise Nash
Covington & Burling LLP - London Office
Bruce S. Wilson
Covington & Burling LLP - Washington Office
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September 13, 2012
Previously published on September 11, 2012
Just one day before the start of New York Fashion Week, the United States Court of Appeals for the Second Circuit gave some much-needed comfort to the fashion industry by ruling in the legal battle between French footwear designer Christian Louboutin and Yves Saint Laurent that Louboutin’s famous red lacquered sole deserves trademark protection.Christian Louboutin S.A. v. Yves Saint Laurent Am. Holding, Inc., 11:3303-cv, (2d Cir. Sep. 5). But the court limited Louboutin’s trademark protection to red soles that stand out in contrast to the rest of the shoe. As a result, the court denied Louboutin’s application for injunctive relief to stop YSL from selling red monochrome versions of its Tribtoo platform pumps, complete with red sole. Because YSL only used red soles with matching red shoes, the Court ruled that YSL had not infringed Louboutin’s mark, leaving open the possibility that Yves Saint Laurent could sue Louboutin for the losses that it says it suffered because of pressure applied to retailers not to stock the YSL product.
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