Susan Scafidi, academic director of the Fashion Law Institute at Fordham Law, was interviewed by National Public Radio about Christian Louboutin’s recent victory in a major legal battle to protect his trademark red-sole shoes.
And the reason why this case had to go all the way to the Court of Justice of the European Union is that there was a question: Are those red soles a shape or are they a color?
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It’s relevant to any company that builds trademark identification into its product, like the Burberry plaid.
