On Tuesday, high-end shoe designer Christian Louboutin told the Second Circuit that District Court Judge Victor Marrero got it wrong when he ruled that Louboutin failed to make a preliminary showing that his hallmark red-soled shoes were entitled to trademark protection, basing that holding on the broad rule that a single color for fashion items could not be trademarked under the Lanham Act.
The dispute arose when Louboutin filed suit against Yves St. Laurent in April, 2010, asserting that several monochrome shoes featured in YSL’s Cruise 2011 collection infringed and diluted Louboutin’s trademark for red lacquered outsoles for high-end designer footwear.
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