id	author	title	date	pages	extension	mime	words	sentence	flesch	summary	cache	txt
inlawrev-18038	Kuitse, Reanna L.	Christian Louboutin’s “Red Sole Mark” Saved to Remain Louboutin’s Footmark in High Fashion, For Now . . .	2013	23	.pdf	application/pdf	10712	658	68	Specifically, the court held that Louboutin’s Red Sole194 M ark “ha[d] acquired limited ‘secondary meaning’” in the context of high fashion footwear with a red outsole that contrasted with the shoe’s upper.195 Consequently, because the monochrome design by YSL did not fall within the parameters of this limited secondary meaning, the design by YSL did not infringe on Louboutin’s trademark.196 Also, the Second Circuit held that the per se rule created by the district court against color marks in the fashion industry was inconsistent with the decision in Qualitex where the court “specifically forbade the implementation of a per se rule that would deny protection for the use of a single color as a trademark in a particular industrial context.” Other courts have applied a48 functionality test to this analysis.	cache/inlawrev-18038.pdf	txt/inlawrev-18038.txt