LOUBOUTIN AND YSL BOTH CLAIM VICTORY IN DISPUTE OVER RED SOLED SHOES

Although the Second Circuit reversed the portion of the lower court’s decision finding that a single color can never function as a trademark in the fashion industry, the appellate court also narrowed the scope of the Christian Louboutin (“Louboutin”)  red sole trademark to shoes having a contrasting upper portion thereby allowing Yves Saint Laurent (YSL)  to escape any claims of infringement.


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