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ARTICLE · 19 FEBRUARY 2013

Inside IP Quarterly Newsletter - Winter 2012

Thompson Coburn LLP
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The other shoe has finally dropped in the widely publicized "Louboutin v. Yves Saint Laurent" case.

United StatesIntellectual Property
Pamela Miller
Pamela Miller
Shoko Naruo
Shoko Naruo
Jennifer Visintine
Jennifer Visintine
Hadi Al-Shathir
Hadi Al-Shathir
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IN THIS ISSUE

  • Trademarking Colors in the Fashion Industry
  • Avoid Inadvertent Abandonment of Your Trademark
  • When Does "News" Really Fall Under the "News" Exemption
  • FTC'S Revised "Green Guides" Provide Instruction On Environmental Marketing Claims

TRADEMARKING COLORS IN THE FASHION INDUSTRY IS NOT BLACK AND WHITE

By Pamela M. Miller

The other shoe has finally dropped in the widely publicized Louboutin v. Yves Saint Laurent case, with the Second Circuit rejecting a bright line rule that a single color can never serve as a trademark in the fashion industry.1 Although this decision has been declared a victory by both parties, as well as the fashion industry, which often argues that United States law does not protect fashion design adequately, is this decision truly a victory for all?

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