Tim Laurens | Candidate Attorney | Barnard Incorporated Attorneys | mail me |
A question of acquired secondary meaning and jurisdictional interpretation.
The heels with the red soles represent not only the image of a fearless and independent woman but are also synonymous with the famous name Christian Louboutin since 1992. The shoes are known for their distinctive red soles that are usually in stark contrast to the remainder of the shoe.
Yes, trademarks are not merely for logos and brand names but could take the form of, amongst others, colour, smell, container, or shape. Despite these product identifiers being inherently incapable of distinguishing the specific goods from another, they may very well become distinguishable through extensive use; are substantially different; and are very unusual. Naturally, Christian Louboutin applied for a trademark protecting their red sole in 2008.
Secondary meaning
In 2011, Yves Saint Laurent (YSL) started marketing monochrome…
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Read the full article by Tim Laurens, Candidate Attorney, Barnard Incorporated Attorneys, as well as a host of other topical management articles written by professionals, consultants and academics in the June/July 2022 edition of BusinessBrief.
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