Luxury Brands and Trademark Law
Case comment
Christian Louboutin v. Yves Saint Laurent
Date: 11/19/2014
Abelis Bar UID 3035131602 (exchange student)
On March 27, 2007 Christian Louboutin field an application with the US Patent and Trademark office to protect its "Red Sole Mark", and as requested, the trademark protection was granted, with the color red being a claimed feature of the mark.
Louboutin established his characterization by a bright lacquered red out sole. The red sole characterization was grown at the popularity in the media and social circles.
Yves Saint Laurent (YSL) has designed monochromatic footwear, including a line of footwear with a red sole. There for, Louboutin field suit against YSL claiming
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There is no dispute that the red sole is more noticeable when she contracts with another color. But, after the Louboutin characterization has already established and it's well known, and firmly associated with the brand, even in the case of a monochromatic red shoe, the red sole will be associated with the Louboutin brand.. Secondary, If not so, the mining of any other conclusion will be that Louboutin does not manufacturing red shoes, and this knowledge is incorrect and illogical. If we will stick to the court decision, a woman wearing a red monochromatic shoe, walking on the street, will definitely arouse a doubt about the origin of her shoes. There for we will assume that the plaintiff owns a valid trademark (also in a case of monochromatic shoes) and proceed to examine whether the defendant's use of the trademark creates a likelihood of confusion as to the source of the goods. The factors for determining whether there is a likelihood of confusion that were adopted in the case law are: (1) the strength of the mark- under the above conclusion about the distinctiveness