A three judge panel at the 2nd US Circuit Court of Appeals in New York yesterday reversed a lower court’s finding that a single colour could not be trademarked in the fashion industry.
Paris-based Louboutin, whose pumps have graced many famous feet, sued rival Yves Saint Laurent (YSL) in April 2011 in Manhattan federal court over what he claimed is his signature use of lacquered red on shoe soles.
In August 2011, Manhattan federal judge Victor Marrero denied Louboutin’s request for a preliminary injunction that would have prevented YSL from selling pumps with red soles.
But at yesterday’s ruling, the appeals court panel said Louboutin’s long-standing use of the red sole was “a distinctive symbol that qualifies for trademark protection”.
However, Judges Chester Straub, Jose Cabranes and Debra Ann Livingston limited Louboutin’s trademark to shoes where the sole stands out in contrast to the rest of the pump. The finding would allow YSL to produce a monochrome red shoe with a red sole, the opinion said.