2nd Circ. Ensures Color's Place As Fashion Trademark

Law360, New York (September 5, 2012, 10:16 PM EDT) -- The Second Circuit ruled Wednesday that a single color can be used as a trademark in the fashion industry, booting a lower court's finding that Christian Louboutin SA's trademark on red-soled shoes was likely invalid and protecting a significant type of trademark for fashion designers, attorneys said.

But the ruling was not an unalloyed victory for Louboutin, which had sought to prevent rival designer Yves Saint Laurent SAS from selling shoes that were red all over — including their soles. The appeals court held that because...
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