Monday, November 28, 2016

TM question of the day, high heel edition

We know that Louboutin's red sole mark is only valid as applied to shoes with contrasting uppers.  So, do these shoes infringe?  (In case it's hard to tell, I'd describe the sole color as a fairly bright pink.)  Do they dilute?
pink, white, silver
If they can dilute, could a different but also unusual-for-soles color dilute?  Wouldn't any unusual and contrasting color make consumers think of Louboutin?
white with--dare I say--Tiffany blue contrasting sole

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