What is Trademark, can the colour red be trademarked ?

What is Trademark, can the colour red be trademarked ?

That’s the question at the heart of a legal battle between French shoemaker Christian Louboutin, designer of the iconic, sky-high, red-soled shoes worn by celebrities like Oprah and Angelina Jolie, and Yves St. Laurent, the fashion powerhouse launched in 1962 that now sells everything from lipstick to luggage and occasionally, red-soled shoes. Louboutin tried to slap YSL with an injunction in April, to prevent the company from selling “infringing footwear” with red soles, including a platform shoe that is red all over.

“YSL is seeking to take unfair advantage of the enormous goodwill and brand recognition in the Red Sole Mark that we have developed over the past two decades,” according to legal documents filed by lawyers representing Louboutin in a New York City district court in April........       read more: http://www.thestar.com/business/article/1046694--if-the-red-shoe-fits-sue-your-competition

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What is Trademark

What is a Trademark ?

A trademark is a sign which can distinguishes the goods and services of one trader from those of another. A mark can be words, logos, sign, pictures, names, letters, numbers or a combination of these.

A trademark is used as a marketing tool to enable customers in recognizing the product of a particular trader.

The owner of a registered trademark may commence legal proceedings for trademark infringement to prevent unauthorized use of that trademark. However, registration is not required. The owner of a common law trademark may also file suit.