The burden is on the owner

estive, arbitrary or fanciful. Generic marks are the only class of marks not protected under trademark law. The red outsoles of the Louboutin shoes qualify as a descriptive mark, as descriptive marks Christian Louboutin ukmay include shapes, sounds, smells and even colors. Descriptive marks are protectable, but only with proof of secondary meaning. The burden is on the owner of the mark to show that overtime consumers

the national 9 percent unemployment rate.The jobs taken away in the national economy by counterfeiters affect those who are unemployed and struggling to find work. People are forced to refinance their mortgages, debts or even file for bankruptcy.And while it is important that everyone, both domestically and abroad, has a job and can support themselves, it is also important to support the country

forming Amendment Act. If the Second Circuit does find anChristian Louboutin Hot red error in the application of the law, it will still likely rule this case narrowly and require that Louboutin prove his trademark is not overly broad.Though red-soled shoes almost instantly conjure up the name "Louboutin" for casual fashion consumers, a broad prohibition against red would be anti-competitive. Louboutin identified his signatu

vent the registration of a mark used by the application which has become distinctive of the applicant's goods in commerce." Tiffany argued that this statutory recognition that there is a broad universe of potentially Christian Louboutin Bootstrademark-able matter militates against the court carving out a blanket ruling that protection for single colors for use on fashion items is not available. Tiffany also argued that ca