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- Title
PROTECTING SINGLE COLOR TRADEMARKS IN FASHION AFTER LOUBOUTIN.
- Authors
Gorman, Danielle E.
- Abstract
The article discusses single color trademarks as of July 2012, focusing on the trademark infringement case Louboutin S.A. v. Yves Saint Laurent, Am., Inc. involving fashion designers Christian Louboutin (CL) and Yves Saint Laurent (YSL) and a red-colored shoe sole. The court recognized that in some cases, color alone can be protected by trademark law. On an appeal by YSL, the U.S. District Court for the Southern District of New York ruled that single colors in the fashion industry are per se aesthetically functional.
- Subjects
UNITED States; COLORS; CHRISTIAN Louboutin SA; TRADEMARK lawsuits; LEGAL status of fashion designers; UNITED States. District Court (New York : Southern District); ACTIONS &; defenses (Law)
- Publication
Cardozo Arts & Entertainment Law Journal, 2012, Vol 30, Issue 2, p369
- ISSN
0736-7694
- Publication type
Article