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Good For The Sole: Appeals Court Says Single Color Can Be Protectable as a Trademark



by Brooke Erdos Singer
Davis & Gilbert LLP - New York Office

Joy J. Wildes
Davis & Gilbert LLP - New York Office

September 19, 2012

Previously published on September 2012

The U.S. Court of Appeals for the Second Circuit has decided that the “Red Sole” trademark of fashion designer Christian Louboutin is a valid trademark. However, the court limited Louboutin’s rights in its mark to shoes which have a red outsole that contrasts with the “upper,” or remainder, of the shoe.


 

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