The Louboutin Decision - A Step In The Right Direction For Colour Marks

The Second Circuit of Appeal of the United States recently released a decision of importance to brand owners and of particular significance to the fashion industry.  In Christian Louboutin S.A. v. Yves St. Laurent Am. Holding, Inc. No. 11-3303-cv (2d Cir. Sept. 5, 2012) (Louboutin), the U.S. Appeal Court held that the signature red lacquered sole of Christian Louboutin shoes is entitled to trademark protection.  

Two decades prior to this decision, Louboutin introduced the red-soled shoe, which has since become highly coveted and popular in the fashion world.  Louboutin sought, and was granted, trademark registration for the Red Sole trademark comprised of a design of a shoe with a lacquered red colour claim for the sole of the shoe, as shown below: