Friday, March 08, 2013

The red shoe diaries

(Come on, I had to use it sometime!)  Christian Louboutin S.A. v. Yves Saint Laurent America Holding, Inc., No. 11-3303-cv (2d Cir. Mar. 8, 2013): The court of appeals denied Louboutin's motion to modify (which would have to mean recalling) the mandate of the court of appeals insofar as it instructed the PTO to modify the Louboutin's red sole registration.  The PTO "intends to amend the trademark by adopting the language of mandate verbatim," to wit, the registration "is limited to a red lacquered outsole on footwear that contrasts with the color of the adjoining ('upper') portion of the shoe."  Louboutin sought a change to be more precise, but the power to recall the mandate is reserved for extraordinary circumstances, and Louboutin didn't show that those existed.

Another reminder of the occasional hazards of pushing a trademark claim too far.

Bonus (SFW) video for the title.

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