Christian Louboutin S.A. v. Yves Saint Laurent America Holding, Inc.
United States Court of Appeals for the Second Circuit
696 F.3d 206 (2d Cir. 2012)
Designer Louboutin (plaintiff) trademarked his signature lacquered red outsoles, always paired with contrasting-color uppers, after 15 years of building brand recognition around that look; when YSL (defendant) released monochromatic shoes (including an all-red version where sole and upper matched), Louboutin sued for infringement and sought a preliminary injunction against any red-outsole shoes, while YSL counterclaimed that the mark was invalid as merely ornamental or functional. The district court denied the injunction, reasoning trademark protection couldn't extend to a single color in fashion generally, and Louboutin appealed.
Whether a color used consistently as a distinctive design element in fashion can acquire trademark protection through secondary meaning, and if so, whether that protection extends to a monochromatic product using the same color throughout rather than as a contrasting accent.