I Bet We’ll Be Seeing More Red Soles Soon…

Christian Louboutin, current owner of the Red Sole Trademark, might lose the soles that he’s been fighting to maintain exclusivity due to a requested injunction against the house of Yves Saint Laurent. Apparently, YSL has been accused of using Christian Louboutin’s trademark — his signature red soles — in a red, red-soled shoe released by the YSL house in which the shoe designer alleges copyright infringement. These complications and accusatory actions then led to a feud between the two.
 
However, in recent news, Judge Victor Marrero — the judge handling the case — refused Louboutin’s claims and injunction releasing this written statement: “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, even if it has gained enough public recognition in the market to have acquired secondary meaning”. In fact, Fashionologie reports “[That] Marrero said in his ruling that representatives for both YSL and Louboutin must appear in federal court Aug. 17, when Louboutin will have to provide arguments against a motion to cancel the trademark.”
 
I believe this might be a starting point to the fall of such a successful brand. Indeed, if Louboutin loses his trademark, designers are capable to freely use Louboutin’s signature red soles. Then again, once the general public owns a pair of red-soled shoes, it won’t be a status symbol or carry much importance as when the soles were trademarked.
 
What do you think? Is this the beginning of the end for Christian Louboutin?

Photo: Christian Louboutin

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Comments
4 Responses to “I Bet We’ll Be Seeing More Red Soles Soon…”
  1. afroblush says:

    I to hope they keep the red sole despite all the legalities! Had no idea ll this was going on, nice post!

  2. I understand what the judge in the case is saying, but it will definitely start a decline for the CL brand. I do think that it makes sense to cancel the trademark because color is so intertwined with the fashion industry that to allow such a trademark would be unjustifiable–even though I’m not so certain that I agree with it. Regardless, I am disappointed in YSL. As a top-notch brand, YSL should know better than to not only infringe on the trademark but to forsake the unspoken rues of fashion: jacking someone’s style. It makes me look down upon YSL. I hope YSL will realize the error of its ways.

  3. I hope they can maintain the red sole! It just wouldn’t be the same…

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