Seeing Red: Second Circuit Modifies Louboutin Trademark Registration

In a long-awaited decision, the Second Circuit, in a surprising twist, ordered that high-end shoe designer Christian Louboutin's trademark registration for his signature red, lacquered outsoles be limited to designs in which such outsoles contrast in color with an adjoining upper.

As reported earlier, Louboutin sued Yves Saint Laurent over its sale of red shoes having a red outsole and red upper. The district court denied Louboutin's request for a preliminary injunction, reasoning that a single color could never serve as a trademark for fashion items because such marks were inherently functional. On appeal, the Second Circuit discerned no basis for a per se rule against extending trademark protection to single colors in the fashion industry.