Friday, 13 September 2013 14:23

LOUBOUTIN AND YSL BOTH CLAIM VICTORY OVER SECOND CIRCUIT'S RULING

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The next round in the legal battle between the two famed French fashion houses, Christian Louboutin and Yves Saint Laurent,  has both companies claiming victory.  The Second Circuit Court of Appeals reversed the district court’s denial of trademark protection to Louboutin’s use of contrasting red lacquered outsoles and holding that a single color can never serve as a trademark in the fashion industry. "We hold that the lacquered red outsole, as applied to a shoe with an 'upper' of a different color, has come to identify and distinguish the Louboutin brand and is therefore a distinctive symbol that qualifies for trademark protection," the Court found.  

However, the Second Circuit did not reverse the district court’s denial of the preliminary injunction because the YSL shoe at issue was a monochromatic red shoe, and therefore, would not violate Louboutin’s trademark incontrasting red lacquered outsoles.

Click here for a copy of the Second Circuit opinion.

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Meredith Frank Mendez

Ms. Mendez earned her bachelor’s degree from the University of Michigan, with honors, and her law degree from the University of Florida, with honors. She is Board Certified as an Expert in Intellectual Property Law and concentrates her practice in Intellectual Property Litigation, Trademark Prosecution, Copyright Law and Entertainment Law. She is a member of the Florida Bar and is licensed to practice in the Southern, Middle and Northern Districts of Florida. Ms. Mendez is also Co-Chair of the Attorney's Network of the Greater Miami Jewish Federation and a member of the International Trademark Association, the Entertainment, Arts and Sports Law Section of the Florida Bar, and LegalArt.