Apparently, Louboutin is also upset that girls like me can no longer identify his products from afar. After Yves Saint Lauren revealed a new collection of red-soled heels, Louboutin sued YSL for trademark infringement.
On April 8, 2011 Louboutin filed his lawsuit against Yves Saint Laurent. His argument? He had officially trademarked the colored bottom in the United States in 2008 and as such, YSL should be forced to cease production of their new shoes and pay a $1 million damages fee.
YSL responded to the lawsuit by saying that red has been used as a decoration on shoes dating back to King Louis XIV in the 1600s and that Louboutin isn’t the only one allowed to utilize the color when in comes to fashion.
Yves Saint Laurent tried to prove that they had been designing shoes with the red soles since 2004, but the judge would not accept their charts as they could not be verified. The judge did allow both sides to submit letters pleading their case.
On August 10th, the judge rejected Christian Louboutin’s injunction request because he could not prove that the red soles were under trademark protection. The Wall Street Journal quoted the judge as saying, ”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.”
The red-soled shoes are set to be released in Yves Saint Laurent’s pre-spring/summer 2011-2012 collection, but Louboutin still plans to fight the judge’s decision by filing an appeal.
Personally I’m extremely upset that I won’t be able to spot the shoes on sight anymore. It is one of my favorite pastimes when walking the streets of Manhattan. But what I’m most upset about is the fact that I still can’t afford to buy a pair of red-soled shoes. Where is the justice! I guess I’ll just have to keep shoe stalking and obsessing, but expand my love to both of the brands.
Should Yves Saint Laurent be allowed to produce red-soled shoes?