Intellectual Property

Recent Posts

Frankfurt Kurnit Klein & Selz: Appeals Court Rules that Christian Louboutin Has Trademark Rights in its Red Outsoles
Posted on 18 Sep 2012 by Frankfurt Kurnit Klein & Selz

As fashion week begins in New York, the Court of Appeals for the Second Circuit issued an important ruling [ enhanced version available to lexis.com subscribers ] that may help fashion creators in their efforts to obtain intellectual property protection... Read More

Sheppard Mullin Richter & Hampton LLP: Fashion Designers: Legally Naked?
Posted on 13 Feb 2012 by Sheppard, Mullin, Richter & Hampton LLP

With New York's Fashion Week upon us, the time is appropriate to examine the intellectual property protections available to some of the most prominent artists in popular culture: fashion designers. No one would seriously question the great artistic... Read More

Update: Letter Briefs Filed in the Red Shoes Controversy: Christian Louboutin v. Yves Saint Laurent
Posted on 4 Aug 2011 by Copyright & Trademark Law Community Staff

Christian Louboutin SA et al v. Yves Saint Laurent America, Inc et al., 1:11cv2381 (NYSD April 7, 2011) In a July 27 th telephone conference, the court invited both parties to summarize (by letter) any additional positions to be taken into account... Read More

Kenyon & Kenyon LLP: The War of the Rose Colored Shoes
Posted on 10 Oct 2011 by Kenyon & Kenyon LLP

By Michelle Mancino Marsh and Natasha Sardesai Grant On August 10, 2011, the United States District Court for the Southern District of New York denied a motion for preliminary injunction brought by Christian Louboutin and his design house ("Louboutin"... Read More

UPDATE: Red Shoes Made for Walking but Not Trademarking? Christian Louboutin Files Reply Brief in Christian Louboutin/Yves Saint Laurent Red Mark Lawsuit
Posted on 6 Jan 2012 by Travis Burchart

UPDATE : On Tuesday, January 10 th , Christian Louboutin filed its reply brief, arguing that: I. the district court erred in: misconstruing the red outsole mark, ignoring the statutory presumption of validity, and ignoring the burden of... Read More

Tripping on the Red Carpet? Color Trademarks and the Fashion Industry in Loubotin v. Yves Saint Laurent
Posted on 19 Oct 2011 by Anne Gilson LaLonde

Christian Louboutin's gravity-defying high-heeled shoes are beloved by glamorous female celebrities. Their shiny red lacquered soles are well-known to casual celebrity-watchers and followers of fashion. The controversy began when Yves Saint Laurent... Read More

Louboutin Continues to See Red and Tiffany is Blue in the Face
Posted on 2 Nov 2011 by Ashlee Froese

By Ashlee Froese of Keyser Mason Ball LLP Any fashionista worth her Prada knows that Christian Louboutin and Yves Saint Laurent have turned New York courtrooms into their stomping ground over their right to use red bottom soled shoes. CanadaFashionLaw... Read More

Tiffany Throwing Rocks
Posted on 9 Nov 2011 by Ashlee Froese

By Ashlee Froese of Keyser Mason Ball LLP Christian Louboutin, Yves Saint Laurent and Tiffany, oh my! This well-dressed litigation is becoming increasingly more complex. ( CanadaFashionLaw has been following this case extensively - click here for a... Read More

The Other Shoe Drops
Posted on 13 Jun 2012 by Ashlee Froese

By Ashlee Froese of Gilbert's LLP Zut alors! Christian Louboutin is not having a good year with the judicial system and must be seeing red! CanadaFashionLaw has extensively covered Christian Louboutin's dispute with Yves Saint Laurent... Read More

Breaking News Fashion Law: 2nd Circuit Delivers Opinion on Color Trademarks in Louboutin/Saint Laurent Red Shoes Case
Posted on 6 Sep 2012 by Copyright & Trademark Law Community Staff

Yesterday, the 2nd Circuit un-muddied the waters concerning fashion and color trademarks and closed another chapter in the red sole dispute between Christian Louboutin and Yves Saint Laurent. For a detailed overview of this breaking development... Read More

Trade-marks Heavy Hitter Comes Out Swinging for Christian Louboutin
Posted on 21 Nov 2011 by Ashlee Froese

By Ashlee Froese of Keyser Mason Ball LLP Not only has Tiffany thrown in its hat into the Christian Louboutin v. Yves Saint Laurent show down, a trade-marks law international heavy hitter is also tossing its hat into the ring. That's right... Read More

Sheppard Mullin Richter & Hampton LLPS: Second Circuit Digs Its Heels Into Louboutin Dispute; Finds "Red Sole" Trademark Protectable, But Limited in Scope
Posted on 28 Sep 2012 by Sheppard, Mullin, Richter & Hampton LLP

By Tyler Baker and Ted Max On September 5, 2012, the United States Court of Appeals for the Second Circuit issued its long-awaited and highly anticipated decision in Christian Louboutin S.A. v. Yves Saint Laurent Am. Holding, Inc . , Docket No. 11... Read More

How Strong is Your Trademark? – The Red Shoe Sole Design Saga
Posted on 19 Aug 2011 by Arina Shulga

On August 10, 2011, the U.S. District Court for the Southern District of New York denied Christian Louboutin's motion to stop Yves Saint Laurent's ("YSL") use of red soles on their shoes, claiming infringement of its trademark... Read More

End of the Road for Christian Louboutin v. Yves Saint Laurent
Posted on 17 Oct 2012 by Ashlee Froese

By Ashlee Froese of Gilbert's LLP It appears that fashion's most infamous case has finally come to a close. If you want to read up on the Christian Louboutin v. Yves Saint Laurent case, you'll find a full summary here . Both parties seemingly... Read More

Red Shoes Take a Licking but Keep on Ticking: Christian Louboutin Argues against Including Yves Saint Laurent's Exhibits in Record on Appeal
Posted on 30 Aug 2011 by Copyright & Trademark Law Community Staff

UPDATE: On August 30th, Saint-Laurent filed a redacted version of its August 1st letter brief. The redacted version can be viewed here . The original version can be viewed here . In April, Christian Louboutin sued Yves Saint-Laurent for trademark... Read More