Christian Louboutin filed suit last week in Federal District Court in New York against Charles Jourdan Fashion Footwear and unnamed companies and John and Jane Does for trademark counterfeiting and infringement and other related claims based upon the Defendants’ sales of women’s shoes bearing red soles. As we previously reported, Louboutin was unsuccessful in its bid to claim exclusivity in the color red when used in any capacity for women’s shoes in its action against Yves Saint Laurent, but still owns valid US trademark Registration No. 3,361,597 for the color red when used on the sole of women’s shoes. The allegedly infringing Charles Jourdan shoes appear to use the color red only on the souls of the shoes. No response to the Complaint has yet been filed by the Defendants.
Claiming color as a trademark is certainly possible, but can be tricky as noted in our earlier blog on the subject.