Cases of the Year: 12 from 2012

In this article, World IP Review (WIPR) summarizes a dozen key cases from 2012. Louboutin’s trademark dispute with rival Yves Saint Laurent was one of WIPR’s picks. At issue was whether or not Louboutin can protect its red-soled shoes. According to Douglas A. Rettew, chair of the trademark and copyright practice at Finnegan, Henderson, Farabow, Garrett & Dunner, LLP, “as long as the colour meets the requirements for protectability—it is non-functional and distinctive—then it can be protected.” He adds, "like ‘traditional’ word trademarks, colour marks are important assets that protect a company’s goodwill, while serving as information shortcuts for consumers.”