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Second Circuit Upholds Validity of Christian Louboutin Trademark

09-Sep-2012 | Source : AG-IP News | Visits : 5733
NEW YORK, NY - The International Trademark Association (INTA) applauded the decision by the United States Court of Appeals for the Second Circuit in Christian Louboutin S.A., Christian Louboutin, L.L.C., Christian Louboutin, v. Yves Saint Laurent America Holding, Inc., Yves Saint Laurent S.A.S., Yves Saint Laurent America, Inc., which reversed the District Court's ruling that Christian Louboutin’s federally-registered red sole mark was invalid.

According to a press release by the Association, INTA submitted an amicus brief in November, 2011, which argued, consistent with the Second Circuit’s decision, that a single color can serve as a trademark and that Christian Louboutin has a valid trademark in a red lacquered outsole that contrasts with the upper sole.

INTA congratulates John W. Crittenden (Partner, Cooley LLP), Susan Hightower (Partner, Pirkey Barber PLLC), Janet Cullum (Partner, Cooley LLP), along with all the members of the U.S. Subcommittee of the International Amicus Committee, for drafting INTA's Amicus Brief.

"The case was important for trademark owners because the District Court’s opinion might have been seen as holding that single-color trademarks are never valid in the fashion industry, which is contrary to settled law and ordinary consumer experience.” said John W. Crittenden.

International Trademark Association is a worldwide association of member companies and firms that support and advance trademarks and intellectual property as elements of fair and effective global commerce.
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