Cease and desist with that paintbrush, you infringer
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A History of Color Wars
The TTAB’s decision in the Cheerios case is also a timely one, as it comes as Louboutin continues its mission to secure legal protection for its red-hued shoe soles outside of the U.S. As recently as this spring, the Paris-based brand suffered a loss in Switzerland, when the Federal Supreme Court in Lausanne affirmed a lower court’s 2016 decision, which classified the brand’s famed red sole as a “decorative element,” as opposed to an identifier of source. (As noted above, it is imperative that the color be used to identify a specific brand – and not merely be used in a decorative function – in order to classify as a trademark).
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