In the fight over freedom to utilize Louboutin’s famous red soles, a winner has been named. A New York federal court of appeals has officially granted trademarked protection over the brand’s most identifiable detail. The trademark was initially granted in 2008, stating that “Louboutin has the exclusive right to make red-soled shoes for “women’s high fashion designer footwear.” However, last year when Christian Louboutin SA brought a suit against Yves Saint Laurent for using their trademark red soles, a judge found the trademark “overly broad.” As David Bernstein, lawyer for YSL, stated, ”No designer should be able to monopolize a color in fashion.”
An attorney for Louboutin, Harley Lewin, replied to YSL by saying, “There’s a particular red that Christian uses on his shoes, a bright, lacquered red… we don’t own any other red but that red.” Soon after that, lawyers for Louboutin filed an appeal. According to Women’s Wear Daily, the court of appeals has decided that Louboutin is “entitled to its trademark on red soles (except when the entire shoe is red).” So, life is all fine and dandy for Louboutin and things appear to be over except…
The shoes in question were all red. So it is doubtful whether or not this battle really is over just yet.
Fashionista Lovelies, what do you think? Should a brand be able to trademark a whole element of design?
[via Huffington Post]