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.
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