The Second Circuit found that the Qualitex decision requires an “individualized, fact-based inquiry” into whether consumers associate the single color with the trademark holder’s brand or service. Indeed, single color trademarks have been protected for years where the trademark holder can show that consumers associate the color with their brand or service, as opposed to finding it merely to be decorative or visually pleasing (e.g., Tiffany blue box, Owens-Corning pink fiberglass insulation). 159, 162 (1995), which held that single colors alone can sometimes serve as valid trademarks. On appeal, the Second Circuit disagreed and held that Judge Marrero’s per-se rule that a single color can never serve as a trademark in the fashion industry is inconsistent with the Supreme Court’s decision would unduly hinder not just commerce and competition, but art as well.” Judge Marrero noted that any commercial purposes that may support extending trademark protection to a single color “do not easily fit the unique characteristics and needs – the creativity, aesthetics, taste, and seasonal change – that define production of articles of fashion.” Additionally, Judge Marrero found that “allowing one artist or designer to appropriate an entire shade. Protectable trademark in the fashion industry. District Judge Victor Marrero denied the injunction and held that the Red Sole Mark was invalid because single color trademarks are inherently “functional” and can never serve as a In response, YSL counterclaimed to cancel the Red Sole Mark on the grounds that it was not a protectable mark because it was merely “ornamental” and “functional.” In April 2011, Louboutin filed trademark infringement, dilution, and unfair competition claims against YSL in the United States District Court for the Southern District of New York and sought a preliminary injunction to bar YSL from marketing and selling any shoes, including YSL’s monochrome red shoe, bearing outsoles in a shade of red similar to the Red Sole Mark. In early 2011, Louboutin learned that competing French fashion house Yves Saint Laurent (“YSL”) was marketing and selling a “monochrome” line featuring one color on an entire shoe, including an all red shoe with a red insole, heel, upper and outsole. Patent and Trademark Office granted Louboutin a trademark in its “lacquered red sole on footwear” (the “Red Sole Mark”). Since their introduction to the fashion world in 1992, Louboutin’s high-end shoes have become well known and recognizable for their bright, lacquered red bottom outsole. The highly anticipated ruling is a significant victory for the fashion industry and ensures that French designer Christian Louboutin has a valid and enforceable trademark on his contrasting red-soled shoes. 2012), held that a single color can be used as a trademark in the fashion industry. N September 5, 2012, the United States Court of Appeals for the Second Circuit, in Christian Louboutin S.A. If you think you may have a medical emergency, call your physician or 911 immediately.Second Circuit Holds A Single Color Can Be A Fashion Trademark O By using this Site you agree to the following Terms and Conditions. We offer this Site AS IS and without any warranties. Never disregard the medical advice of your physician or health professional, or delay in seeking such advice, because of something you read on this Site. We disclaim all responsibility for the professional qualifications and licensing of, and services provided by, any physician or other health providers posting on or otherwise referred to on this Site and/or any Third Party Site. MedHelp is not a medical or healthcare provider and your use of this Site does not create a doctor / patient relationship. It is not intended to be and should not be interpreted as medical advice or a diagnosis of any health or fitness problem, condition or disease or a recommendation for a specific test, doctor, care provider, procedure, treatment plan, product, or course of action. The Content on this Site is presented in a summary fashion, and is intended to be used for educational and entertainment purposes only.
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