May 4, 2011
Anyone who has seen the latest in legal television drama – Fairly Legal – knows what I am talking about when I say “red soled shoes.” In one of the most popular and well recognized clips of the show, Sarah Shahi, the star of the show, is shown walking provocatively away from the audience wearing a pair of high heeled red-soled shoes.
You might be wondering what a conversation of women’s red-soled shoes is doing in the Reference Attorney Blog? Trademark issues. Christian Louboutin S.A. (“CLSA”), the plaintiff and a French Company, has sued Yves Saint Laurent, another French Company in the Southern District of New York over red-soled shoes for, among other things, Trademark infringement. As per the complaint, this is an action for injunctive relief and damages for trademark infringement, unfair competition and false designation of origin, and trademark dilution. The plaintiff alleges that Mr. Louboutin is the first designer to develop the idea of having red soles on women’s shoes. Further the complaint states that the “Red Sole Mark” is the signature of CHRISTIAN LOUBOUTIN brand footwear and is instantly recognizable as a result of plaintiffs’ trademark red outsole. “The location of the bright color on the outsole of a women’s pump is said to provide an alluring ‘flash of red’ when a woman walks down the street, or on the red carpet of a special event.” Westlaw has the complaint and can be found at: 2011 WL 1327659. The complaint also lists numerous other famous celebrities and shows that have worn the Red Sole Mark shoes. You can track the progress of this case by tracking this docket on Westlaw.
Westlaw has a wealth of Trademark information online. You can also add a Trademark tab to access all Trademark related content in one place. Check out some of the following databases:
ALL-TM TRADEMARKSCAN-All has trademarks, service marks and pending applications registered in the U.S., Canada and some European states.
CCGTMLAW Corporate Counsels Guide to Trademark Law and covers the basics of trademark law to help manage day-to-day legal issues
MCCARTHY McCarthy on Trademarks and Unfair Competition
FIPTM-CS Federal Intellectual Property Trademark Cases
TM-DOCK-SUM Trademark Docket Summaries contains abstracts of docket and trademark information from trademark-related lawsuits filed in federal district courts.