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You Are Leaving Pornhub. These years of peaceful co-existence belie any argument that Louboutin will suffer irreparable harm if YSL continues to sell shoes with red outsoles, as it has done for years. Louboutin amazingly argues in its reply brief that color is not aesthetically functional in the case of shoe soles.
It further states that YSL should just pick a different shade of red if it wants to make all red shoes.
Louboutin owns its particular shade of red for a shoe sole and no else can use it. Louboutin also argued that if an injunction is not issued the floodgates will open to competitors. Presumably this will result in the non-rich and famous being able to purchase shoes with red soles.
The court, however, was not persuaded and ruled that in the fashion industry, color serves ornamental and aesthetic functions which cannot be trademarked.
Because in the fashion industry color serves ornamental and aesthetic functions vital to robust competition, the Court finds that Louboutin is unlikely to be able to prove that its red outsole brand is entitled to trademark protection, even if it has gained enough public recognition in the market to have acquired secondary meaning.
The Court therefore concludes that Louboutin has not established a likelihood that it will succeed on its claims that YSL infringed the Red Sole Mark to warrant the relief that it seeks. Click here to cancel reply. You must be logged in to post a comment. The firm's trademark practice includes DC Trademarks. Suite Washington, DC
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