Louboutin’s Red Sole Mark Valid, but Entitled To Limited Protection, Second Circuit Rules

A single color can serve as a protectable trademark in the fashion industry, however Louboutin’s trademark on a red-soled shoe cannot prevent Yves Saint Laurent from making entirely red shoes, the U.S. Court of Appeals for the Second Circuit held Sept. 5 (Christian Louboutin S.A. v. Yves Saint Laurent America Holding Inc., 2d Cir., 11-3303-cv, 9/5/12).

The court’s opinion—highly anticipated in the fashion industry—essentially split the baby, refusing to invalidate Louboutin’s registered trademark, but also modifying the registration so that it does not foreclose the manufacture and sale of entirely red shoes. Thus, while it disagreed with ...