Christian Louboutin Back in Court Today!
19 Aug 2011 1 Comment
in Fashion, Shoes Tags: Christian Louboutin, designer shoes, expensive shoes, Footwear, high heels, hot shoes, red soled shoes, red soles, Sarah Jessica Parker, Sex and the City, shoe trends, women's shoes, Yves Saint Laurent
Image via Wikipedia
The case is not over yet!
Christian Louboutin’s lawyers urged U.S. District Judge Victor Marrero in New York not to convert his earlier refusal to bar Yves Saint Laurent from selling its own red-soled shoes into an outright cancellation of the U.S. trademark. The judge said today he will delay a ruling while Louboutin appeals his decision.
“The better course is to simply allow the appeal to proceed and halt any further proceedings till we get guidance” from the New York-based federal circuit court, Marrero said.
The judge on Aug. 10 rejected Christian Louboutin’s request for a preliminary injunction to protect the trademark while the case proceeds, saying it’s not likely to win its fight for a trademark for a color.
“Color serves ornamental and aesthetic functions vital to robust competition,” Judge Marrero said, and “Louboutin is unlikely to be able to prove that its red outsole brand is entitled to trademark protection.”
Louboutin, a Paris-based fashion company, said in the lawsuit, filed in April, that Yves Saint Laurent’s red-soled shoes “threaten to mislead the public.”
Lee C. Bromberg, a lawyer for Louboutin, argued today that the company needed more time to show why the trademark shouldn’t be canceled. “We need an additional opportunity to marshal evidence,” Bromberg told the judge. He said he seeks evidence on how the fashion industry operates, how designers select colors and whether Louboutin’s trademark would be a “hindrance to competition,” as the judge indicated in his ruling.
Jyotin Hamid, a lawyer for Yves Saint Laurent, argued that a search for evidence would be time-consuming and costly.
Yves Saint Laurent began selling shoes with red outsoles “long before Mr. Louboutin began using them,” David Bernstein, a lawyer for the company, said at a hearing last month.
Christian Louboutin, the designer for whom the company is named, got the idea for the red soles when he painted red nail polish on the black soles of a pair of women’s shoes. All of Louboutin’s luxury shoes have had red soles since their introduction in 1992, according to court papers. “Louboutin is only in the shoe business,” Bromberg said.
Louboutin’s high-heeled shoes are priced from $535 to $4,645 a pair on the website of department store Barneys. They have been popularized by actresses such as Sarah Jessica Parker in the television show “Sex and the City.”
The U.S. Patent and Trademark Office awarded Louboutin a trademark for the red sole in 2008, according to the company’s complaint.
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- YSL “Winning” vs. Christian Louboutin in the Case of the Red Soled Shoes! (theshoeexpert.wordpress.com)
- YSL Wins The ‘Red Sole’ Case… For Now! (rubysview.com)
- Louboutin Court Postpones Hearing Until Friday (sartoriallaw.wordpress.com)
- Judge Doubts Christian Louboutin’s ‘Red Sole’ Claims (businesslawdaily.net)
- Christian Louboutin Can’t Stop the Inevitable Flood of Red-Soled Shoes [Fashion] (gawker.com)
- Louboutin Loses Bid to Bar Saint Laurent Red-Sole Shoe Sales (businessweek.com)
- Court: Christian Louboutin Can’t Stop Others from Designing Red-Soled Shoes (newsfeed.time.com)
- YSL versus Louboutin (chikkapedia.com)
- Louboutin fights to keep red sole trademark (cbsnews.com)
- Christian Louboutin Loses to Ysl in “Battle of the Red Soles” (femmesdallure.com)
- Louboutin could lose red-sole monopoly (cbc.ca)
YSL “Winning” vs. Christian Louboutin in the Case of the Red Soled Shoes!
11 Aug 2011 7 Comments
in Fashion, Shoes Tags: Christian Louboutin, designer shoes, expensive shoes, heels, high heels, hot shoes, Red Carpet shoes, Shoe, shoe lover, shoe trends, Yves Saint Laurent
Image via Wikipedia
This just in: Christian Louboutin‘s request for an injunction to stop sales of red-soled shoes made by Yves Saint Laurent has been denied by U.S. Federal judge, Judge Victor Marrero, who said that Louboutin wasn’t able to prove that its red soles deserve trademark protection.
The Wall Street Journal reports that the judge stated “Because in the fashion industry colour serves ornamental and aesthetic functions vital to robust competition, the court finds that Louboutin is unlikely to be able to prove that its red outsole brand is entitled to trademark protection.”
With the injunction denied, it looks unlikely that Louboutin will win its case against YSL, since it too relies on the association of the red sole only with Louboutin.
Note: YSL claims that the YSL red- soled shoes in question have been selling since 2004.
So what do you think? Do you think you can trademark a color and prevent other designers from using it? Do you think Christian Louboutin should win? Or do you agree with the judge??? Inquiring minds want to know…
Dedicated to your foot health and to your shoes,
Related articles
- Judge Doubts Christian Louboutin’s ‘Red Sole’ Claims (businesslawdaily.net)
- Louboutin Vs YSL… (januarysublime.com)
- U.S. Federal Judge Denies Christian Louboutin Red Sole Injunction (foxnews.com)
- Christian Louboutin Can’t Stop the Inevitable Flood of Red-Soled Shoes [Fashion] (gawker.com)
- Art Law Meets Trademark Law in Christian Louboutin v Yves Saint Laurent (copyrightlitigation.blogspot.com)
- Louboutin Loses Bid to Bar Saint Laurent Red-Sole Shoe Sales (businessweek.com)
- YSL VS Christian Louboutin: The Saga Continues As One Luxury Label Tries To Sue Another (thegloss.com)
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Like this:
My Polyvore Set “4 SHOE LOVERS”
05 May 2011 1 Comment
in Fashion, Shoes Tags: Christian Louboutin, Footwear, High-heeled footwear, Platform shoe, Shoe, Steve Madden
4 SHOE LOVERS by dr.michele featuring rodarte shoes
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Top 10 Shoe Searches (Part II)
03 May 2011 5 Comments
in Fashion, Health & Wellness, Shoes Tags: boots, Christian Louboutin, comfortable shoes, designer shoes, Dr. Michele Colon, feet, foot doctor, foot expert, Footwear, high heels, hot shoes, orthotics, Platform shoe, podiatrist, Shoe, shoe expert, shoe trends, Soles4Souls, Ugg boots, Uggs
Image via Wikipedia
So back to the Top Ten list…
6. Seven inch heels: Have you ever tried walking in 7 inch heels? It’s not easy! I have to admit I have tried some on just to see how difficult it is to balance and walk in them, but to put it mildly, it’s like walking on your tippy tippy toes. Not easy and not even pretty most of the time…because you can usually tell that the person in them is trying really hard to balance or that they are in pain. Not a good look. But, nonetheless, people are searching for these shoes.
7. Sky heels: Did you see my post on these Sky Heels? Wow! Not only are they 9 inches, but they are very odd looking. They’re about half heel and half platform, so the platform is really big and really high. Again, not a great look! I personally do not even think that a platform that high is sexy, although I do like a small platform on my heels for added cushioning. But this is taking the platform heel look too far! (Not to mention dangerous…I’m sure there have been some ankle sprains and maybe even fractures from these shoes.)
8. Soles4Souls: As an official drop-off location for Soles4Souls, I have blogged about this organization on more than one occasion and have highlighted them in my monthly newsletter as well. And I am proud to say that my office (patients included) has donated over 500 pairs of shoes to Soles4Souls in 2011 so far! 
9. UGGs: I hope you all read my post about making your UGGs more comfortable! Because although many people already think that UGGs are comfy, if you add an arch support like the sheepskin Lyncos orthotic from Aetrex, you will wonder why you never tried it before! It’s a great addition to boots (and other shoes as well) which will give you more support and comfort…try it and see!
10. Christian Louboutin 2011: I am not surprised that, out of all the shoes floating around in cyberspace, Christian Louboutins’ shoes made it to the Top Ten…but I am a little surprised that it didn’t make it to the Top 3! (especially with all of the recent press surrounding the red soled shoe lawsuits)
Dedicated to your foot health and your shoes,
“All shoes, all the time!”
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- Your Shoes Matter! How YOU Can Help The Victims In Japan (theshoeexpert.wordpress.com)
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Top 10 Shoe Searches (part I)
26 Apr 2011 6 Comments
in Fashion, Shoes Tags: Christian Louboutin, designer shoes, Dr. Michele Colon, feet, foot doctor, foot expert, Footwear, heels, hot shoes, Jessica Simpson, Shoe, shoe lover, shoe trends, shoes, Steve Madden, Ugg boots, Uggs, wedges, zippered boots
This is a list of the Top 10 most searched for shoes and shoe-related terms that have led readers to this blog over the past few months:
- Flatforms: These shoes and sandals were hot, hot, hot on the runway this year but according to many of my readers and other women polled by other fashion magazines, they are not that popular. Hmm…seems like a little bit of a disconnect to me. If women are searching for these shoes, it seems to me that they must like them. Well, one thing that I know for sure is that the more popular they become, the more they are being produced. Originally, there were only a few runway photos of them out there, but now I see them in more and more magazines and stores…so ladies, I think the flatforms are here to stay for a while.
- Hot shoes for spring 2011: Hello!…This is pretty much what most women who wear fashion shoes wants to know! What is hot right now? What is trending right now? What can I get hot off the press before anyone else, like my girlfriends and co-workers? Yes, we want the hottest shoes every season, don’t we? I have definitely included many blog posts on this topic in the past couple of months. (See below for related articles)
- Wedges: Not only are they hot, in season, and available just about everywhere right now, but they are also pretty comfortable (in comparison to other types of high heels, of course!). And according to top stylists in LA, the hottest color for the wedge this spring season is a natural wood look, not a dark brown and not a nude. Here is an example:
- Steve Madden boots with the red zipper: What can I say? I have these boots. My sister has these boots. I posted them on my facebook fan page as the “Shoe of the Day” once and nobody else seemed to like them…but this boot continually is one of the most searched for shoes EVERY month on my blog! I even mentioned it to the sales team at Steve Madden when I saw them at the Transit Shoe Show in LA in March because I didn’t see the boot in their display. They told me it wasn’t being produced currently, but the black one with the red zipper was…ok…um…people want the tan ones with the red zipper!!! Make them again, Steve Madden, please! For our readers…
- Cankles: Well, let’s just hope that readers are searching for this term to try to find out how to avoid getting cankles! Basically, do not wear shoes that are too tight over the top of the foot or at the ankle. Shoes like that will cut off the part of your circulation that circulates blood and fluid back up to the heart (i.e. venous circulation), causing fluid to stay down in the feet and ankles, causing the bulging look of cankles. It’s not a good look.
And it’s not good for your feet or for your circulation.
Stay tuned for Part II with #6-#10. It’s just too long to put in one post!!!
Dedicated to your foot health and to your shoes,
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Which Christian Louboutins Are Your Favorites?
17 Apr 2011 13 Comments
in Fashion, Shoes Tags: Christian Louboutin, designer shoes, Dr. Michele Colon, expensive shoes, Fashion, Footwear, heels, high heels, hot shoes, platform shoes, pumps, Shoe, shoe expert, shoe lover, shoes, stilettos
Image by laverrue via Flickr
Some of our readers’ favorite Christian Louboutins!
From the 2011 Christian Louboutin Fall Collection
From the 2011 collection as well…what do you think of the color?
Voted “Sexiest Shoe” in 2011
These glitter peep toe pumps were a favorite among our readers on NYE!
Spiked heels were all the rage this year!
Another spiked version of Christian Louboutin peep toe pumps
Like these furry boots or not, they were all over the place on the celebrities!
Let me know what you think. Christian Louboutin shoes, with their famous red soles, are the most prized possessions of some of our dedicated readers and are wanted by shoe lovers all over the world! No wonder they make the headlines so often, lawsuit or no lawsuit!
Dedicated to your foot health and to your shoes,
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Christian Louboutin Strikes Again!
13 Apr 2011 8 Comments
in Fashion, Shoes Tags: Carmen Steffens, Christian Louboutin, designer shoes, Dr. Michele Colon, expensive shoes, Footwear, heels, high heels, pumps, Shoe, shoe expert, shoe lover, stilettos, YSL, Yves Saint Laurent
It’s only been about a week since the news came out about Christian Louboutin suing YSL over red-soled shoes…and now another company, Carmen Steffens, is being sued by Christian Louboutin for the same thing!
Here is a look at the shoes in question:
Photo from dailymail.co.uk
Photo from dailymail.co.uk
Photo from vivendifashionista.wordpress.com
What do you think? Do the shoes look alike enough to warrant a lawsuit or two? Are the red colors close enough? Are there more lawsuits coming? We shall stay tuned to see…
Dedicated to your foot health and to your shoes,
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- The $1 Million Case of The Red-Soled Shoes (theshoeexpert.wordpress.com)
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The $1 Million Case of The Red-Soled Shoes
12 Apr 2011 5 Comments
in Fashion, Shoes Tags: Barneys New York, Bergdorf Goodman, Christian Louboutin, designer shoes, Dr. Michele Colon, expensive shoes, Footwear, heels, high heels, hot shoes, Saks Fifth Avenue, Shoe, shoe lover, shoes, Yves Saint Laurent
Image from toocutemagazine.com
I’m sure you have all heard of this lawsuit by now if you’re a shoe lover! But if not, here it is: Christian Louboutin is suing Yves Saint Laurent for trademark infringement over selling red-soled shoes.
Actually, Christian Louboutin contacted YSL in January in Paris and asked them to stop selling their red shoes with red soles, but YSL replied that they were going to continue to sell the shoes in quesion…so the lawsuit was eventually filed in the U.S. on Thursday.
Law experts said this could drag on for months, although it will probably settle out of court before going to trial.
The shoes in question have a colored suede upper and colored soles of an identical shade. According to online research by Footwear News, the YSL styles in the suit come not just in red with red soles, but also in green with green soles, and purple with purple soles.
Both companies sell their shoes in high-end fashion stores, including Saks Fifth Avenue, Barneys New York and Bergdorf Goodman.
ChristianLouboutin was awarded a registered trademark for its red sole by the U.S. Patent and Trademark Office in 2008, and now seeks a court injunction against YSL’s sale of its shoes, as well as damages of at least $1 million.
According to FN, “Louboutin has successfully obtained injunctions in Manhattan courts against companies attempting to replicate its red-sole success, most recently in February against Kimera International, which was found to have ‘engaged in acts of trademark counterfeiting, trademark infringement, unfair competition/false designation of origin and trademark dilution.’”
So what do you think? Should YSL stop making and selling their red shoes with red soles? Or should Christian Louboutin drop this lawsuit? What do you think about a trademark over a color? It could make for some interesting discussions about the law and shoes…please feel free to comment and add to the debate!
Dedicated to your foot health and to your shoes,
Related Articles
- Louboutin vs. Yves Saint Laurent (shoeblog.com)
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- Another Day, Another Lawsuit: Christian Louboutin Suing YSL For Trying To Sell Red Soled Shoes (bossip.com)
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The Oscars: What (Shoes) Were They Wearing?
01 Mar 2011 7 Comments
in Fashion, Shoes Tags: Academy Award, Christian Louboutin, designer shoes, Dr. Michele Colon, Emma Stone, expensive shoes, Gwyneth Paltrow, Hayden Panettiere, Heidi Klum, Helen Mirren, high heels, hot shoes, Jimmy Choo, Nicole Richie, Red Carpet shoes, Sergio Rossi, Vanessa Hudgens
Well, everyone wants to know “who” the stars are wearing at the awards shows, and this week’s Academy Awards was no different! But here we’re only talking about shoes, so let’s see which shoes they were wearing!
Anne Hathaway in custom made Brian Atwood platform pumps
Gwyneth Paltrow in Brian Atwood ankle strap peep toe pumps
Michelle Williams in Jimmy Choo platform pumps
Helen Mirren in Sergio Rossi platform sandals
Heidi Klum in Christian Louboutin platform pumps
Emma Stone in Salvatore Ferragamo platform pumps
Hayden Panettiere in Jimmy Choo peep toe platform slingbacks
Mandy Moore in Jimmy Choo platform sandals
Vanessa Hudgens in Sergio Rossi T-strap platform sandals
Taylor Swift in Jimmy Choo peep toe platform pumps
Nicole Richie in Christian Louboutin peep toe platform slingbacks
Elizabeth Banks in Jimmy Choo platform sandals
(photos above from YourNextShoes.com)
Other notable mentions:
Hailee Steinfeld in Salvatore Ferragamo gold peep toe shoes
Natalie Portman in Jimmy Choo sandals
Scarlett Johansson in Christian Louboutins
Halle Berry in Christian Louboutins
Nicole Kidman in Pierre Hardy shoes
Amy Adams in Salvatore Ferragamo shoes
Melissa Leo on the red carpet pre-awards show in gold python platform sandals…
(photo from YourNextShoes.com)
Melissa Leo post-awards show in gold flats, but after winning an Oscar…
(photo from Fashionistimus)
My favorite from this group…the Brian Atwood custom made pumps that Anne Hathaway wore on stage…oh yeah, those shoes were definitely the hit of that number she sang! Well, with 8,000 crystals hand-placed on those shoes, they totally deserved it!
(photo from Shoehunting.com)
Dedicated to your foot health and to your shoes,
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Shoe Lovers Want To Know About Flatforms & More!
07 Feb 2011 6 Comments
in Athletic Shoes, Fashion, Health & Wellness, Shoes Tags: ballet flats, boots, Christian Louboutin, Derek Lam, designer shoes, Dr. Michele Colon, flip flops, heels, high heels, Jimmy Choo, kitten heels, orthotics, Platform shoe, platform shoes, Red Carpet shoes, sandals, shoe lover, shoe trends, shoes, Steve Madden, wedges
As you know by now, I am a shoe expert as well as a shoe lover…so I started this shoe blog a few months ago to share with you some of the new shoes coming out soon, shoe trends, shoe tips, and other general shoe knowledge of mine.
So now I am going to ask you, the reader, what other shoe info are you looking for?
Here is a list of some of the most commonly searched for terms in my blog’s history: flatforms, Christian Louboutin, wedges, summer shoes 2011, Uggs, platform shoes, cankles, hot shoes spring 2011, sexy feet, 7 inch heels, Steve Madden boots with red zipper, Coach rainboots, sheepskin orthotics, 8 inch heels, Derek Lam, sparkly shoes, Prada shoes, wedge flip flops, sandals, mohawk shoes, Jimmy Choo shoes, toning shoes, Soles4Souls, Paris Hilton‘s bunion, wingtip pumps, high heels, fashion shoes 2011, stiletto boots, cheetah boots, pregnant Mariah Carey, Jessica Simpson sandals, Lanvin shoes, high heel boots, red carpet shoes, furry boots, ballet flats, Chanel eskimo boots, Louis Vuitton shoes, Rick Bella shoes, kitten heel boots, Kim Kardashian‘s high heels.
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I hope you have enjoyed reading these posts! And I hope you find what you’re searching for!
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