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which it appears. A design feature is essential to the use or purpose only if the feature is dictated by the functions to be performed, it cannot just accommodate the function. (LeSportsac, Inc v Kmart Corp (1985). Christian Louboutin OutletTiffany again cites McCarthy which states that "the true test of functionality is not whether the feature in question performs a function, but whether the feature is dictated by theserves ornamental and aesthetic functions vital to robust competition."The Louboutin v. Yves Saint Laurent decision has led other designers, such as amicus curiae Tiffany & Co., to conclude that single color marks in fashion will never be allowed federal trademark protection. This per se bar on single color marks in fashion is problematic because it is based on a generalized analysis of the fashiing a monochromatic shoe may lead the court toChristian Louboutin Galaxy afford a much narrower protection to Louboutin than an action against a closer imitation of a Louboutin shoe.There may be some concern that Louboutin could endanger itself by becoming a generic mark. Both The New York Times and New York Post have published highly publicized articles on the emergence of cobblers painting their customers' shoes red andrystals.Blake Lively was wearing the shoes to shoot a scene from Gossip Girl with her ex-boyfriend Penn Badgley. But she is not the first to sport the look.Sarah Jessica Parker wore the Louboutin heels to the MoscowChristian Louboutin Peep-toes premiere of We Don't Know How She Does It in August.While Blake used the heels to dress up a casual outfit of brown leather trousers and a loose-fitting cardigan, though, SJP used her
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