|Louboutin's red sole trademark|
Another enriching reading concerning the LOUBOUTIN v. YSL case.
The International Trademark Association (INTA) reported today that the U.S. Court of Appeals for the Second Circuit agreed with the position taken in its amicus curiae brief that the lower court erred in denying the Louboutin mark protection:
"In its amicus brief in Louboutin’s appeal, INTA argued that the district court misinterpreted the mark as a broad claim to “the color red,” when in fact the registration described it as a “lacquered red sole.” INTA also argued that the court erred by not following Second Circuit and U.S. Supreme Court authority on the defense of “aesthetic functionality,” which requires proof that recognizing the design as a trademark would harm competition. However, INTA expressly took no position as to whether Yves Saint Laurent’s all-red shoe infringed Louboutin’s Red Sole Mark." (INTA Bulletin, September 15, 2012 Vol. 67 No. 16 )Read and the download the full document here.