Now in Legal Rebels:
Posted Sep 05, 2012 04:14 pm CDT
Disagreeing with a federal district court that earlier denied a preliminary injunction sought by a French designer after another high-fashion industry icon allegedly infringed on his trademarked red-soled shoes, a federal appeals court Wednesday said that Christian Louboutin is entitled to seek a legal remedy except when the shoes in question are entirely red.
Calling the district court’s conclusion that a single color can never be trademarked mistaken, the 2nd U.S. Circuit Court of Appeals said the red soles had acquired “secondary meaning” under the Lanham Act as a recognizable emblem of the Louboutin brand. It hence ruled that the preliminary injunction against Yves Saint Laurent should have been granted so far as red-soled shoes with upper portions in contrasting colors are concerned.
Red-soled Louboutin shoes, which can cost $1,000 a pair, are worn by a number of celebrities.
Hat tip: Associated Press.