In their Second Circuit review, Martin Flumenbaum and Brad Karp, partners at Paul, Weiss, Rifkind, Wharton & Garrison, discuss Christian Louboutin v. Yves Saint Laurent, where even though the panel found that Louboutin's mark had acquired secondary meaning as a brand identifier, this secondary meaning was limited only to designs in which the outsole of the shoe contrasted in color with the rest of the shoe.
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No Per Se Rule Governs Single-Color Trademarks in the Fashion Industry
New York Law Journal
November 5, 2012
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