My September 5, 2012 article, “2nd Circuit Says Yes to Louboutin’s Red Sole Trademark,” poses the question: “is this decision a true victory for Louboutin or YSL?” Tamlin H. Bason’s article in Patent, Trademark & Copyright Law Daily seems to suggest that both sides are claiming victory.
Reproduced with permission from Patent,Trademark & Copyright Law Daily, (Sept. 12, 2012). Copyright 2012 by The Bureau of National Affairs, Inc. (800-372-1033) <http://www.bna.com>
By Tamlin H. Bason
Both parties claimed victory after the U.S. Court of Appeals for the Second Circuit Sept. 5 determined that Christian Louboutin’s trademark on red soled shoes was valid and that Yves Saint Laurent’s monochrome red shoe did not infringe the registered mark. Christian Louboutin S.A. v. Yves Saint Laurent America Holding Inc., 2d Cir., No. 11-3303-cv, 9/5/12).