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In Qualitex, the Court stated that a mark would be deemed aesthetically functional—and thus ineligible for trademark protection—if the recognition of rights in an aesthetic design feature would significantly hinder competition. In the case of TrafFix Devices, Inc. v. Marketing Displays, Inc., 532 coach outlet online U.S. 23 (2001), the Court declared that the cheap coach purses issue of aesthetic functionality coach factory outlet hinged on whether recognizing coach outlet online the mark “would put competitors coach outlet online at a significant non-reputation-based disadvantage.”

The Supreme Court in Qualitex specifically forbade the implementation of a per se rule that would deny protection for the use of a single color as a trademark in a particular industrial context, the Second Circuit noted. Qualitex required an individualized, fact-based inquiry into the nature of the mark. However, the coach factory district court created just such a rule, on the theory that “there is something unique about the fashion world that militates against extending trademark protection to a single color.”

Even if an industry-specific per se rule of aesthetic functionality were permitted by Qualitex, such a rule would not be necessary or appropriate here, the appellate court said. The functionality defense does not coach outlet store guarantee a competitor “the greatest range for [its] creative outlet,” the court said, but only the ability to fairly compete in a given market.Having concluded that no industry-specific per se rule prevented Louboutin from asserting the color red as a trademark, the court coach factory online then turned to the specific question of whether the “Red Sole” coach purses outlet mark had the requisite distinctiveness to coach factory outlet online merit protection under the Lanham Act.

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