A purely hypothetical puzzle, but I’m wondering, would Christian Louboutin have a viable trademark claim if Yves Saint Laurent sold women’s shoes in boxes bearing the above seemingly random grid of letters, each letter having equal type, style, font, color and emphasis?
For those of you who answered with a strong “of course not,” I suspect your answer must change if selected highlighting is added in a way that emphasizes the LOUBOUTIN mark, makes it clearly legible, and causes it to visually “pop” from the letter grid, as shown below...
Here is the point. In Christian Louboutin’s current trademark infringement lawsuit against Yves Saint Laurent (asserting Louboutin’s lacquered red sole trademark for women’s high fashion designer footwear), it is important to appreciate that the allegedly infringing women’s shoes at issue are monochrome red in color, meaning the entire shoe is red, each and every portion, not just the sole (which is the extent of Louboutin’s registered non-traditional single color trademark), making it very difficult to argue that the allegedly infringing Yves Saint Laurent red sole does anything other than blend into the background of their entirely red-colored shoes.
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