The Red Sole: The Recognition of Non-Conventional Trademarks

How can fashion companies protect their designs?
December 4, 2012
Greensboro, NC

On Tuesday, December 4, Brooks Pierce hosted the ABA IP Section's monthly roundtable in our Greensboro office. 

Earlier this year, the Second Circuit held that high-end fashion designer Christian Louboutin's lacquered red outsole - as applied to a shoe of an otherwise different color - is a distinctive symbol of Louboutin's brand that qualifies for trademark protection. This IP Roundtable focused on the impact of the decision on trademark law and the role of trademarks in fashion.

The outline for "The Red Sole: The Recognition of Non-Conventional Trademarks" was prepared by Rochelle Woods and Eugene Mar of Farella Braun + Martel LLP. Tanisha Palvia of Brooks Pierce led our local discussion.