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Expert Analysis

Louboutin V. YSL: The Issues Avoided By The 2nd Circ.

Law360, New York (October 12, 2012, 3:44 PM EDT) -- Not many cases involve two rival French couturiers battling over the right to make a shoe with a red outsole. In Christian Louboutin SA v. Yves Saint Laurent America Holding Inc., the Court of Appeals for the Second Circuit managed to decide this issue without actually deciding the issue; instead, both parties won the right. While this is good news for the woman about town who likes having fashion options, the court's opinion offers little guidance as to what will happen the next time the doctrine of aesthetic functionality arises as a defense to a trademark infringement claim....

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