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.
No Per Se Rule Governs Single-Color Trademarks in the Fashion Industry
New York Law Journal
November 5, 2012
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