Louboutin’s Red Sole Mark Held Valid, But Narrowed

A single color can serve as a protectable trademark in the fashion industry, but high-end shoe maker’s Louboutin’s trademark covering a red-soled shoe cannot prevent rival fashion house 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’s Louboutin’s registered trademark, but also modifying the registration so that it does not foreclose the manufacture and sale of entirely red shoes. ...