YSL “Winning” vs. Christian Louboutin in the Case of the Red Soled Shoes!


christian louboutin black patent clichy photo

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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,

Dr. Michele, The Shoe Expert

“All Shoes, All the Time!”

 

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7 Responses to “YSL “Winning” vs. Christian Louboutin in the Case of the Red Soled Shoes!”

  1. I like the red soles. It is a cool idea for individual for marketing. That being said, I do not think one should be able to patent a color to a clothing item. If it was to go forward with that, I think many issues could come up for other items. Brown for Manolo Blahnik soles, patents for shirt colors on a particular style… It just seems like it would put a huge restraint on the freedom of fashion. I can truly understand both sides, but it has to remain fair for entire fashion world.

    • I agree entirely. And recently many new designers are coming out with their own colored soles such as pink, green, etc. Soon there would be no colors left for a new designer to use. I guess that is changing. Time will tell…

  2. eklektikmayhem Says:

    I heard about this when I was picking up my first (YAY!) Louboutin’s in Dubai. Louboutin’s are the coveted art pieces of the shoe world. YSL, not so much. No one should be able to own the rights to a color. I totally agree with the judges decision. Both brands will continue to sell to their respective audiences, red soles or not. Personally ,for that kind of money, my shoes would definitely have some panache.

  3. […] YSL “Winning” vs. Christian Louboutin in the Case of the Red Soled Shoes! (theshoeexpert.wordpress.com) […]

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