Law Profs Side with Yves - Fordham Intellectual Property, Media & Entertainment Law Journal
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Law Profs Side with Yves

Law Profs Side with Yves

11 law professors whose expertise includes trademark law recently submitted an amicus brief to the Second Circuit in support of YSL in its legal battle against Christian Louboutin over the use of Louboutin’s signature red sole.
The professors claim that Louboutin and supporters are undermining the doctrine of “aesthetic functionality,” which prevents companies from using trademark to provide “patent-like” protection for product features that may not be innovative or novel. Moreover, citing the amount of creativity required to innovate in fashion design, these profs posit that the decision to grant a designer with a monopoly over a particular fashion submarket should not be taken lightly.
[The link to WWD is subscription-based. Fordham Law users can obtain login credentials through the library’s website.]
Read more about this here, here, and here.

Daniela Alvarado

Daniela Alvarado is a 3L at Fordham Law and IPLJ's very own Symposium Editor. She is an avid Central Park runner, enjoyer of West Coast sunshine, and internet troller. Daniela's note on the first sale doctrine was published in IPLJ Volume XXII Book 4. She hopes to one day pursue a career involving technology and the law.