Which Red?

October 3, 2011

  • 382T Trademarks
  • 382TVII Registration
  • 382TVII(C) Effect of Federal Registration
  • 382Tk1364 Scope of Rights Acquired; Limitations
  • 382Tk1368 k. Words or Symbols Constituting Mark.

382T TrademarksFrench footwear designer’s claim to color red, as depicted in its trademark registration drawing for use on outsoles of his “high fashion” shoes, did not provide adequate guidance as to what specific shade it applied, thus weighing against trademark protection under Lanham Act; given varying absorption and reflection qualities of materials on which color could be applied, such application would result in darker and lighter shades than that depicted in registration, and granting designer trademark protection over range of hues in order to solve that problem went beyond what was claimed in registration.
Christian Louboutin S.A. v. Yves Saint Laurent Am., Inc., 778 F. Supp. 2d 445 (S.D.N.Y. 2011)
Suggested in Memory of Edwin M. Mulholland; Mulholland & Knapp, LLP; New York, NY