Description

The vivid red outsole of the high-heeled shoes by Christian Louboutin is a distinctive feature of the brand and the shoes are much loved and coveted by celebrities and women all around the world. Yves Saint Laurent is also a revered luxury brand with its roots dating back to the 1960s. When Yves Saint Laurent introduced monochromatic red shoes with matching red outsoles in 2011, Christian Louboutin sued for trademark infringement, taking the fashion world by surprise. The New York District Court relied on the doctrine of aesthetic functionality, and decided that, as a matter of law, a single colour can never be protected by trademark in the fashion industry. However, the Second Circuit Court of Appeals reversed, establishing a three-step test for aesthetic functionality and modified Louboutin’s registration of the Red Sole Mark. This seminar analyses key aspects of the decisions in respect of the notions of acquired distinctiveness and aesthetic functionality, and highlights some of the unresolved issues in these areas.

About The Speaker

David Tan holds a PhD from Melbourne Law School and LLM from Harvard. He is an academic fellow of the Centre for Law & Business at NUS Law School. His areas of research cover freedom of expression, celebrity image and privacy rights, as well as copyright and trademarks of popular iconography. His law publications have appeared in a wide range of journals that include Harvard Journal of Sports & Entertainment Law, Yale Journal of International Law, Cardozo Arts & Entertainment Law Journal, Media & Arts Law Review, Australian Intellectual Property Journal, Singapore Journal of Legal Studies, Sydney Law Review and Law Quarterly Review. He is also a fashion photographer whose works have appeared in magazines like Harper’s Bazaar, Elle and Men’s Uno HK.