Fashion and Trademarks: Rose Auslander Quoted in Article about Louboutin vs. YSL Trademark Dispute

Intellectual property partner Rose Auslander was quoted in the August 25, 2011 Westlaw Journal Intellectual Property article regarding Judge Marrero’s decision denying a preliminary injunction in Christian Louboutin SA et al. v. Yves Saint Laurent America Inc. et al., No. 11-2381, 2011 WL 3505350 (S.D.N.Y. Aug. 10, 2011).  “Finding in this case that the red soles were aesthetically functional, Judge Marrero noted that they should not be protected under trademark law, even if they may be associated with Louboutin,” Rose explained.   As Judge Marrero said, “The law should not countenance restraints that would interfere with creativity and stifle competition...”  

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