Christian Louboutin v Yves Saint Laurent

Fashion Law: “The Red is Mine, Mine, Mine!” Says Christian Louboutin to Yves Saint Laurent

In Fashion Law by FASHIONENTLAW™

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Fame Appeal reports “Christian Louboutin recently filed suit [i]n federal court in Manhattan against Yves Saint Laurent over their use of red soled heels. Louboutin claims Yves Saint Laurent is selling shoes with red soles that are “virtually identical” to its own. Louboutin is seeking an injunction against the sale of the shoes and damages of at least $1 million. . .”

Before I send you off to Fame Appeal to read up on this issue and see the complaint, note the battle is over color. Specifically, “red” soled heels. Can you trademark color? Yes, you can. The analysis is no different from the one I discussed here.

The credibility and goodwill of the public is highly important, as such, the goal of  Trademark Law is to protect the public from confusion. We also don’t want to reward those who rip off honest hardworking people.

What is a Trademark (TM) again?
It is any word, phrase, logo symbol, color or sound that is used by a company to identify products or services in the marketplace. TM can be your business name that you use to sell your product and services as well as your product or service name.

A little more on the battle over Color.
We are seeing increased litigation in this area. The case Qualitex Co. v. Jacobson Products Co., Inc. established that color can be  trademarked separately.

Now off you to go to Fame Appeal for the full scoop!

I love the picture Fame Appeal uses.

Can’t we all just get along?  I mean we are talking sexy red heeled shoes here, not so? What’s with “the red is mine, mine, mine!” attitude from Louboutin? *Sighs* *Rolls eyes.*

Photocredit: Fame Appeal

Uduak Oduok (Ms. Uduak) is a Partner and Co-Founder of Ebitu Law Group, P.C. where she handles her firm’s fashion and entertainment law practice areas. Ms. Uduak has litigated a wide variety of cases in California courts. She has also handled a variety of entertainment deals for clients including network television and licensing deals. Her work and contributions to the creative industry has been recognized by numerous organizations including the National Bar Association, and featured in prestigious legal publications in the USA: ABA Journal and The California Lawyer Magazine. She is also the author of Fashionentlaw™ and also has over two decades combined hands on industry experience in the creative industry which includes modeling, retail, fashion production, public relations, digital media, journalism and publishing. For further inquiries or if you are seeking legal representation, please email (uduak@ebitulawgrp.com). You may also follow her on twitter at @uduaklaw

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