Thursday, August 11, 2011
Red soles are officially NOT just Christian Louboutin’s staple anymore.
In a New York court room the bitter battle between Christian Louboutin and Yves Saint Laurent took place. Louboutin accused YSL of trademark infringement in April.
US District Judge Victor Marrero denied a request by Louboutin for a preliminary injunction against YSL’s red soles. In his ruling, Marrero hinted that Louboutin cannot prevent others from using red soles, even though it’s a signature part of the designs, it’s not the sole (excuse the pun) reason the brand is well-known.
“Because in the fashion industry color 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.”
In 2008, the U.S. Patent and Trademark Office granted Louboutin a registered trademark for the red soles. Louboutin is seeking more than $1 million dollars in damages for the alleged infringement, claiming he was the first designer to create red soles for women’s shoes.