Courts, secondary meaning is acquired when “in the minds of the public, the primary significance of a product feature is to identify the source of the product rather than the product itself.” Louboutin submitted market studies to the court, which concluded that consumers had come to recognize the red sole as identifying the Louboutin brand. Secondary Meaning-When a Color Acts Like a LogoĪccording to U.S. Though the case was considered a win for Louboutin, the court did not grant the injunction against YSL because its use of the red sole was in conjunction with a red upper shoe instead of a different color, was not a use of the Red Sole Mark. The Second Circuit reversed, holding that the color red, when used on the bottom of a shoe with a contrasting upper shoe color, had acquired “secondary meaning” in consumers' eyes.
The District Court of New York refused to enjoin YSL, holding that color alone could never be protected as a trademark. In 2011, Louboutin filed a lawsuit against Yves Saint Laurent (YSL), seeking to enjoin the high fashion competitor from selling its monochrome red shoe, which also has a red sole. Apparently, he got the idea when he painted the bottom of a black shoe with red nail polish, and in 2008, Louboutin applied for trademark registration for the red shoe bottom (“Red Sole Mark”). Note: If the contact is also signed in to the Zoom mobile app, this status overrides the mobile client statusĬontact is signed-in to the Zoom mobile client only.Ĭontact is signed-in to the Zoom desktop client, but their computer is inactive or they manually set their status to Away.Ĭontact manually set their status to Do not disturb and won't receive pop-up notifications for chat or Zoom Phone calls in the Zoom desktop client or mobile app.Ĭontact has started or joined a Zoom meeting using the Zoom desktop client or mobile app.Ĭontact is sharing their screen while in a Zoom meeting.Ĭontact is on a Zoom Phone call using the Zoom desktop client or mobile app.Ĭontact is in a calendar event (from a synced calendar) but hasn't joined a Zoom meeting using the desktop client or mobile app.Christian Louboutin has been using red-lacquered shoe bottoms on his high fashion pumps since 1992.
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