Category Archives: Daily Alert

Red Shoes

The US Court of Appeals for the 2nd Circuit released its decision today in Christian Louboutin v. Yves Saint Laurent reversing the lower court in part, concluding that a single colour can be a trademark in the fashion industry and “Louboutin’s trademark, consisting of a red, lacquered outsole on a high fashion woman’s shoe, has acquired limited ‘secondary meaning’ as a distinctive symbol that identifies the Louboutin brand.”

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Foreign Enforcement of IP and Ontario

Earlier this month, the Ontario Superior Court issued a couple of judgments relating to foreign IP proceedings with Ontario parties. In Blizzard v. Simpson, 2012 ONSC 4312, foreign copyright damages and an injunction were enforced. In Agemian v. Pactiv LLC, 2012 ONSC 4571, an “anti-suit” injunction was rejected, allowing an Illinois action relating to a North American patent settlement to proceed.

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