CHRISTIAN LOUBOUTIN: TRADEMARK INFRINGEMENT & THE RED SOLE SAGA
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CHRISTIAN LOUBOUTIN, RED SOLE SAGA, TRADEMARK INFRINGEMENTAbstract
“…No man is entitled to represent his goods as being the goods of another man; and no man is permitted to use any mark, sign or symbol, device or means whereby, without making a direct false representation himself to a purchaser who purchases from him, he enables such purchaser to tell a lie or to make a false representation to somebody else who is the ultimate customer. That being, as it appears to me, a comprehensive statement of what the law is upon the question of trademark or trade designation, I am of opinion that there is no such thing as a monopoly or a property in the nature of a copyright or in the nature of a patent, in the use of any name. Whatever name is used to designate goods, anybody may use that name to designate goods; always subject to this, that he must not, as I said, make, directly or through the medium of another person, a false representation that his goods are the goods of another person.
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