Student's Law Review Note to Be Published in Wests Intellectual Property Law Review
Reanna L. Kuitse, 2013 J.D. candidate at IU McKinney, will see her note about Christian Louboutin’s “Red Sole Mark” reprinted in Thomson Reuters (West) 2013 edition of the Intellectual Property Law Review. It first appeared the Indiana Law Review, 46 Ind. L. Rev. 241.
The note examines whether a trademark, such as Louboutin’s distinctive red lacquered sole with which he marked all of his high-heeled shoes, can be based solely on color in the fashion industry. Yves Saint Laurent put red soles on the bottoms of its high-heeled shoes in 2011, and Louboutin filed a motion for an injunction, which was denied by the United States District Court for the Southern District of New York. Louboutin appealed to the United States Court of Appeals for the Second Circuit, which found the District Court’s reasoning for denying the injunction was inconsistent with case law.
“I am extremely excited about the news and I would like to thank everyone who helped make the piece possible including the Indiana Law Review , my friends and my family,” Kuitse said. She is executive articles editor for the law review.
After graduating and taking the bar exam, Kuitse will be an associate at the law firm Rothberg Logan & Warsco in Fort Wayne. She currently is an intern with U.S. Customs and Border Protection.