SHOE DESIGNER MADE NOT SHOWING THAT ANY APPLICABLE FACTOR FAVORED RECALL AND MODIFICATION OF MANDATE TO LIMIT ITS TRADEMARK

摘要

A French footwear designer made no showing that any applicable factor favored the recall and modification of a Court of Appeals mandate to the United States Patent and Trademark Office (USPTO). The mandate limited the designer's trademark related to "high fashion" shoes to a red lacquered outsole on footwear that contrasts with the color of the adjoining "upper" portion of the shoe. As such, the designer made no showing of the required "exceptional circumstances" to warrant relief on the request. See Christian Louboutin S.A. v. Yves Saint Laurent America Holding, Inc., 709 F.3d 140, 106 U.S.P.Q.2d 1080 (2d Cir. 2013).