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]
guest
Louboutin should get over it; especially if they are griping about the red shoe in that picture. It would be one thing if the YSL were, black but it isn’t. Seriously, the only thing they are doing is bringing attention to their rivals. If his shoes are all they claim to be then the quality will speak for them and people who can afford them will buy them(and those that can’t will save forever) because they know they are getting a great product. There hasn’t been a single picture, even when the shoes were virtually identical, that I could not pick out the Louboutins.
guest
LOL, this is ridiculous. Aren’t there children dying and wars being fought? This was on lovelyish last year and it was ridiculous then too.
guest
i can see them wanting to stand out, but red is a powerful color to play with, they should of had a different strange color they created on their own, that NO ONE could match .
guest
Louboutins all the way. Just wish I could afford a pair.
orchid / 103 posts
Exactly. 1st world problems. They should have taken the money from this idiotic lawsuit and donated it to someone who needs it. @FallenSafely@xanga