US FASHION LAW
Protect Your Designs
Trademark
A trademark is a logo, a name, or both that identifies the source of goods or services. When consumers hear the brand name Chanel or see the interlocked C’s, they immediately identify the products associated with Chanel as luxury products. Trademark law grew out of a need to protect the public from less than honorable merchants who put someone else’s well-known brand name on inferior knock-off products as a way to increase profit. Trademark law allows the trademark owner to maintain control over the quality of products sold under their brand name. Registration with the USPTO puts the world on notice that you are the rightful owner of the Mark. Statutory damages and attorneys’ fees are available only if your mark is registered. Many designers waste time and resources by attempting to register their own trademark when they do not understand the trademark process. These futile attempts usually result in the designer contacting an attorney and starting the process again only to expend additional funds. It is recommended that designers have an attorney at every step of the trademark registration process.
CASE STUDY TRADEMARK LAW
Christian Louboutin S.A. v. Yves Saint Laurent Am. Holding, Inc. (2012) is a key trademark case in fashion law. Louboutin, known for his red-lacquered high-heeled shoe soles, registered the red sole as a trademark in 2008. In 2011, Yves Saint Laurent (YSL) released a red monochrome shoe with a red sole, leading Louboutin to sue for trademark infringement.
The court examined whether the red sole could be a distinctive, legally protected trademark. It acknowledged that color alone is rarely inherently distinctive but can gain trademark protection if it acquires "secondary meaning"—when consumers associate it with a specific brand. The court found that Louboutin had successfully tied the red sole to his brand, granting it trademark protection.
However, the court ruled that this protection only extended to a red sole that contrasts with the rest of the shoe. YSL’s use of a red sole on a completely red shoe did not infringe Louboutin's trademark.
The case highlighted the importance of copyright protection for original works, as it offers designers significant legal advantages, including potential statutory damages for infringement.
