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· 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 CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.