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Category Archives: Color

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Houston, We Have a Problem: City Petitions the US Supreme Court to Register Its Official Seal as a Trademark

Posted in Color, Emoticon, Legislation, Product Configuration, Section 2(b), Trademark, Trademark Prosecution, Trademark Trial and Appeal Board

Written by: Susan Neuberger Weller The City of Houston, Texas has filed a Petition For Writ Of Certiorari with the Supreme Court of the United States asking the Court to interpret Section 2(b) of the Lanham Act to determine whether it prohibits a government entity from federally registering its own flag or coat of arms… Continue Reading

Louboutin Sees Red Again: Protecting Color as a Trademark

Posted in Color, Fashion, Litigation, Trademark, Trademark Infringement

Written by: Susan Neuberger Weller  Christian Louboutin filed suit last week in Federal District Court in New York against Charles Jourdan Fashion Footwear and unnamed companies and John and Jane Does for trademark counterfeiting and infringement and other related claims based upon the Defendants’ sales of women’s shoes bearing red soles. As we previously reported,… Continue Reading

When Can You Claim A Color As Your Trademark?

Posted in Color, Trademark

Written by Susan Neuberger Weller In its recent decision in Christian Louboutin S.A. v. Yves Saint Laurent America, Inc., the Second Circuit held there was no “per se rule that would deny protection for use of a single color as a trademark in a particular industrial context.”  The Court found that the single color red on the… Continue Reading

Louboutin Wins Round Two Against Yves Saint Laurent in Fight Over Red Soles

Posted in Color, Fashion, Litigation, Trademark, Trademark Infringement

Written by Joseph DiCioccio The Second Circuit recently issued an opinion in the Louboutin v. Yves Saint Laurent trademark case.  To refresh your memory, Louboutin, the high-end women’s shoe designer, had secured a U.S. trademark registration for the color red as used on the outsoles of women’s shoes.  Yves Saint Laurent had been selling shoes… Continue Reading