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
Fashionentlaw™ is the brainchild of Uduak Oduok (Ms. Uduak), an ex-fashion model and industry veteran turned Fashion and Entertainment lawyer. The law blog discusses hot topics in pop culture arising primarily out of the fashion industry.
As a legal practitioner, Ms. Uduak has over two decades of experience counseling individuals and businesses within and outside the creative community. She has counseled designers, apparel manufacturers, models, photographers, retailers, graphic designers, musicians, public relations specialists, and athletes, among others, on diverse legal issues including business formation, licensing, trademark and copyright matters, contracts, intellectual property and contract disputes. She is also an Adjunct Professor.
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