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Okt 01, 2012
Susan Neuberger Weller, Mintz Levin, USA
First published on www.mondaq.com


When Can You Claim A Color As Your Trademark?


Susan Neuberger Weller, Mintz Levin, USA, First published on www.mondaq.comIn a recent case, Christian Louboutin S.A. v. Yves Saint Laurent America, Inc., Docket No. 11-3303-cv (2d Cir. September 5, 2012), the Court held there was no “per se rule that would deny protection for use of a single color as a trademark in a particular industrial context.” Id. at 22. In that case, the Court found that the single color red on the sole of a women’s shoe which contrasted with the color on the upper portion of the shoe could be protected as a trademark in the fashion  read more