That whole Louboutin thing...

Posted by Charles Colman

So, LAW OF FASHION was following a certain case pretty closely for a while.  Okay, very closely.

Christian Louboutin, a shoe designer known for his red-lacquer-soled high heels, was spurned by a District Court ruling premised on the notion that in the fashion industry, a single color is inherently "aesthetically functional," such that no entity can possess exclusive trademark rights therein.

 

The aggrieved artiste appealed the District Court's decision to the Second Circuit, and LOF waited, and waited, and waited for the appellate court's decision... which was finally handed down yesterday -- coincidentally, the busiest day of this writer's professional life.  LOF hates not to be the first, second, or sixty-eighth to provide a comprehensive analysis of the judicial opinion embedded below, but rest assured that my thoughts on the Second Circuit's decision will appear on this site [UPDATE: or somewhere] at some point in the near future....

 

In the meantime, a six-word preview: the court ducked the tough issues.