christian louboutin outlet Fans of famed footwear designer christian louboutin outlet helped fill a Manhattan courtroom yesterday for the latest battle in the legal war over his trademark scarlet-soled high heels.Dozens of young women — some sporting Louboutin heels — were among the spectators at the US Second Circuit Court of Appeals, along with Louboutin himself and fellow fashionista Diane von Furstenberg.“In the fashion industry color serves ornamental and aesthetic functions vital to robust competition,” Marrero ruled.In court yesterday, presiding Judge José Cabranes asked if the designer wanted to trademark “the color red,” as suggested by YSL.“We don’t claim basic red,” said louboutin outlet lawyer Harley Lewin, who insisted the designer only wanted to protect “a particular color, in a particular place, on a particular item.”Judge Chester Straub — who made YSL lawyer David Bernstein remove a “distracting” red shoe from his table — asked the lawyer whether he thought a color could be trademarked.

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I have to agree that I was intrigued when I first heard about this case. The idea that a designer believed he could trademark a color seemed outrageous, at first. Then I began to think about how his red has become a well-known and iconic symbol of his shoes. I do not think that it is a bad thing to trademark it (based upon a specific place, color, and item).

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This is an interesting case. It's not the first time a color was considered instrumental to a product. For example, the Maker's Mark case involving a red wax seal. You can read about that case here. http://knowledgebase.findlaw.com/kb/2010/Aug/167970.html In that case, the company was successful. Although a dripping wax seal is not the same as a particular color red heel, there does seem to be similarities.
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