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ARTICLE · 06 MAY 2014

Narrowing Colour Claims

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The fashion world was abuzz in 2012 and 2013 about Christian Louboutin’s claim of exclusivity to the use of the colour red on the sole of footwear.

United StatesIntellectual Property
Karen Artz Ash
Karen Artz Ash
Bret Danow
Bret Danow
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The fashion world had been abuzz in 2012 and 2013 about footwear designer Christian Louboutin's claim of exclusivity to the use of the colour red on the sole of footwear. Battles over claims of rights in particular colours did not, however, end with the resolution of the Louboutin case and have extended beyond just the fashion industry. The issue of ownership of colour trade marks recently raised its head again in a precedential decision issued by the USPTO's Trademark Trial and Appeal Board (TTAB) addressing a petition for partial cancellation or restriction of registration filed by Covidien LP against a trade mark registration owned by Masimo Corporation.

Covidien is the owner of a trade mark application for a mark consisting of the colour pink as applied to medical cables. This application was refused registration based upon a likelihood of confusion with a trade mark registration owned by Masimo for a mark consisting of the colour red for very similar products.

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