Covington & Burling

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Colour trademarks in the fashion industry

Just one day before the start of New York Fashion Week, the United States Court of Appeals for the Second Circuit gave some much-needed comfort to the fashion industry by ruling in the legal battle between French footwear designer Christian Louboutin and Yves Saint Laurent that Louboutin’s famous red lacquered sole deserves trademark protection. But the court limited Louboutin’s trademark protection to red soles that stand out in contrast to the rest of the shoe. As a result, the court denied Louboutin’s application for injunctive relief to stop YSL from selling red monochrome versions of its Tribtoo platform pumps, complete with red sole.

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