· 9/5/2012
Christian Louboutin S.A. v. Yves Saint Laurent America Holding, Inc.
Citations
- 696 F.3d 206
- 103 U.S.P.Q. 2d (BNA) 1937
- 2012 WL 3832285
- 2012 U.S. App. LEXIS 18663
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that Louboutin’s trademark for its red lacquered outsole high heels was valid
- explaining that a mark must be “distinctive” in order to be protectable under the Lanham Act
- explaining that plaintiffs must establish causation for the withholding exception to apply
- explaining that in a trade dress claim a mark must be “distinctive” and not “generic” in order to be protectable, either by being inherently distinctive or by “‘acquir[ing]’ distinctiveness by “developing ‘secondary meaning’ in the public mind”
- reciting standard, quoting Mullins v. City of New York, 626 F.3d 47, 52-53 (2d Cir.2010)
- considering whether secondary meaning had been achieved “in the specific context of the fashion industry”
Source: CourtListener parenthetical corpus (CC0).
Judges: Cabranes, Straub, Livingston
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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