Recent Federal Trademark Decision Has Famous Fashion Company Seeing Red
TOWSON, Md., Nov. 9, 2012
TOWSON, Md., Nov. 9, 2012 /PRNewswire/ --A recent federal appeals court case
demonstrates that trademarks can go well beyond symbols, designs and words.
Even a single color can qualify for federal trademark protection, according to
Josh Glikin, a partner in the leading business law firm Bowie & Jensen.
(Photo: http://photos.prnewswire.com/prnh/20121109/PH09807 )
The case involved a lawsuit by a high-end women's shoe company, Louboutin,
against the venerable French fashion company, Yves Saint Laurent (YSL).
Louboutin's expensive high heeled shoes feature a shiny, laquer red heel and
red soles that contrast vividly with the colors of the rest of the shoe. It
obtained a federal trademark registration for the use of the color red on
YSL began producing shoes that were completely red, including the
heel.Louboutin sued, seeking to stop YSL from producing shoes with red
heels. YSL argued that it was not possible to obtain trademark rights on
something as simple as the color of a shoe, but the court disagreed. It held
that because the red heel and sole of the Louboutin shoes had become
associated with the high-end designer (much like pink insulation is associated
with Owens-Corning), Louboutin's trademark was valid and could be enforced
against YSL. The court held, however, that YSL would not be prohibited from
manufacturing shoes that were completely red, including a red heel, because it
was the contrast between the red heel and the color of the Louboutin shoe that
was Louboutin's true mark.
The case goes to show that even a color can qualify for trademark protection
if used inthe correct way. Bowie & Jensen attorneys have decades of
experience in advising businesses and business owners about how to build a
solid trademark portfolio that distinguishes their goods and services from
competitors.Louboutin obviously received solid advice about how to build and
protect its recognizable red-heel trademark, and that advice paid off in
spades years later.
Mr. Glikin is Bowie & Jensen's partner that manages the litigation team in the
firm's intellectual property department. He has experience litigating
intellectual property matters in federal courts throughout the country,
including patent, trademark and copyright infringement litigation, trade
secret misappropriation, and software disputes. Mr. Glikin also has general
litigation experience that includes breach of contract, employment and
securities law claims.
Mr. Glikin's experience ranges from a high value, complexsoftware dispute in
Illinois to litigation in Utah federal court involving internet data theft.
He also has served as lead counsel in patent infringement litigation involving
a variety of electrical and mechanical devices, business methods and
pharmaceutical patents (including ANDA litigation). His trademark and
copyright litigation experience includes cases for a national fast food
restaurant, an internet based crime tracking company, a sports apparel
manufacturer, and the United States subsidiaries of the three South Korean
Mr. Glikin also has experience handling complex software litigation and
development disputes for companies that develop financial services software,
security software and email messaging software.
For more information about trademarks, including trademark protection, please
contact Josh Glikin at 443-921-4233.
About Bowie & Jensen
Bowie & Jensen is a leading business law firm with attorneys representing
clients around the world. Bowie & Jensen focuses on Business Litigation,
Business Transactions, Intellectual Property, Employment Law, Real Estate,
Estates & Trusts, Patent Law, Tax and Construction Law. The firm is located in
Towson, Maryland and is a full-service business law firm. Bowie & Jensen can
be reached at 410-583-2400, or at firstname.lastname@example.org; on the Net
SOURCE Bowie & Jensen
Contact: Karen McGagh, +1-443-632-4217, email@example.com
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