02/28/2013 10:07:00 AM EST
Fashion Designers Face Uncertainty after Louboutin v. YSL
By Daniel B. Englander, Robins Kaplan Miller & Ciresi LLP
Lawyers, put down your stilettos. It appears the long-running trademark battle between stiletto designers Christian Louboutin and Yves St. Laurent may have finally come to an end. After receiving a directive from the Second Circuit [enhanced version available to lexis.com subscribers] to rewrite Louboutin's trademark for red-soled footwear, the U.S. Patent and Trademark Office has narrowed the scope of Louboutin's so-called red sole mark from a "lacquered red sole of footwear" to a "lacquered red outsole of footwear that contrasts with the color of the adjoining remaining portion of the shoe (known as the 'upper')." Neither party appealed the USPTO's decision.
As the smoke clears, it is helpful to take a look at what this case means. ...
Read the entire article at Law360.
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