A word to the wise
Last week, I took the opportunity to offer my opinion on what will likely occur from the trademark battle with Under Armour and Nike. However, it was brought to my attention that Christian Louboutin sued Yves St. Laurent for trademark infringement over their trademarked “red bottom”. The Court ruled that Yves St. Lauren could manufacture a shoe that was completely red; however, they could not make a shoe that had just the “red sole”. But, how does this fit into the greater schemes of potential Intellectual Property issues within start-ups?
Well, often when companies trademark “anything” that fits into the realm of descriptive they are not particularly sure of how far that extends-in other words Yves St. Laurent nor Louboutin knew exactly whether a shoe that was completely “red” fell within the general constraints of Louboutin’s trademark. However, there are a lot of legal fees necessary for both of these companies to find out the question of the “red shoe”.
So, word to the wise…stay away from the descriptive trademarks, both as company names as well as taglines unless you have the capital to find out how far it extends in the business world. Stay Tuned! Later this week I will be explaining the incorporating process for start-ups as well as walking you through all of the complexities with Delaware law.