The Second Circuit court, though, also decreed that Christian Louboutin retains the exclusiveright to use the color red on the bottom of its shoes whenever the outer portion of the shoe is any color besides red.
Without registration, the trademark owner must first prove to a court that it indeed owns an exclusiveright to use a trademark in order to prohibit useof confusingly similar terms by others.
Trademark protection of a fictional character provides the owner with the exclusiveright to use the character in connection with goods and services, as well as the right to prevent the unauthorized useof the character in connection with goods and services of infringing third parties.