Extra, Extra, Read All About It! We have a major update! If you’re a subscriber to our blog, you have likely caught wind of our recent rebrand to ADventures in Law. Overflowing with a dynamic mix of weekly blogs, engaging...more
In the world of fashion, few things are as iconic as Christian Louboutin's signature red-soled shoes. Since Louboutin painted the sole of a shoe with his assistant's red nail varnish in 1993, the red-bottomed sole has become...more
What is the difference between a traditional trademark and trade dress protection? Traditional Trademarks - According to the USPTO - A trademark can be any word, phrase, symbol, design, or a combination of these things...more
Louboutin v. YSL - Christian Louboutin (“Louboutin”), the designer of the famous red bottom shoes, filed a trademark infringement lawsuit against fashion house Yves Saint Laurent (YSL) claiming YSL infringed on its red...more
Continuing with news involving the color red, on December 23, 2022, the Court of Justice of the European Union (CJEU) issued a preliminary ruling finding that Amazon may be subject to liability for trademark infringement...more
Thank you for reading the December 2022 issue of Sterne Kessler's MarkIt to Market® newsletter. This month, we discuss Pantone's 2023 Color of the Year and a preliminary ruling in Europe regarding an online marketplace's...more
The Katten Kattwalk discusses legal issues in the fashion industry affecting the trademarks, patents and copyrights associated with companies, brands and products. ...more
The Court of Justice of the European Union (CJEU) ruled that a mark (or “sign,” in EU parlance) consisting of a color applied to the sole of a high-heeled shoe does not consist exclusively of a “shape” within the meaning of...more
The Situation: The Court of Justice of the European Union ("CJEU") rendered its ruling in the Louboutin case (C-163/16) on June 12, 2018. The Result: The CJEU has confirmed that Christian Louboutin's red outer sole can be...more
Colours can function as indicators of source, and many colours acquire distinctiveness over time. When thinking of the colour green in association with farm tractors, the John Deere company may come to mind. Or seeing the...more
The long-awaited Advocate General’s second opinion in Louboutin (C 163/16) was delivered in February. In a nutshell, Christian Louboutin sued Van Haren Schoenen BV for trade mark infringement in the Netherlands of its Benelux...more
In This Issue: • The Power Shifts Back to Kelly-Brown • The Color Black Is Aesthetically Functional for Floral Boxes • Louboutin’s Red Soled Shoes Keep Marching On • Multiple Fashion Retailers Can Enjoy Use...more
In this issue: - Questions Left Unanswered by Louboutin Case - Supreme Court Rules on Covenant Not to Sue - An Eye for Fashion: New York Magazine Presents New York’s - Women Leaders in the Law ...more
Christian Louboutin filed suit last week in Federal District Court in New York against Charles Jourdan Fashion Footwear and unnamed companies and John and Jane Does for trademark counterfeiting and infringement and other...more
The red hot dispute continues between Christian Louboutin and Yves Saint Laurent (“YSL”) over Louboutin’s red sole shoe trademark. On January 16, 2013, the U.S. Patent and Trademark Office rejected Louboutin’s request to...more
This year has been marked by significant judicial and legislative developments relating to the fashion industry in the United States....more
Both Christian Louboutin and Yves Saint Laurent have claimed victory in the Second Circuit's much anticipated decision in Christian Louboutin SA v. Yves Saint Laurent America Holding Inc., decided on September 5, 2012. And in...more