Archive for Yves Saint Laurent

Christian Louboutin Back in Court Today!

Posted in Fashion, Shoes with tags , , , , , , , , , , , , on August 19, 2011 by The Shoe Expert

Christian Louboutin Very Prive: oxblood glitte...

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.

Dedicated to your foot health and to your shoes,

Dr. Michele, The Shoe Expert

“All Shoes, All the Time!”

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

Posted in Fashion, Shoes with tags , , , , , , , , , , on August 11, 2011 by The Shoe Expert

christian louboutin black patent clichy photo

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,

Dr. Michele, The Shoe Expert

“All Shoes, All the Time!”

 

Christian Louboutin Strikes Again!

Posted in Fashion, Shoes with tags , , , , , , , , , , , , , , on April 13, 2011 by The Shoe Expert

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,

Dr. Michele, The Shoe Expert

“All Shoes, All the Time!”

The $1 Million Case of The Red-Soled Shoes

Posted in Fashion, Shoes with tags , , , , , , , , , , , , , , on April 12, 2011 by The Shoe Expert

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,

Dr. Michele, The Shoe Expert

“All Shoes, All the Time!”

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