Christian Louboutin shoes are known for their signature red sole.
Christian Louboutin shoes are known for their signature red sole. But a New York judge has declined to grant an injunction that would stop other brands from selling similar red-soled styles.
This follows a $1 million lawsuit that Louboutin raised against YSL for trademark infringement after they produced a red-soled shoe.
Back in May of this year YSL defended their right to paint the soles of their heels crimson, stating that Louboutin did not invent the concept of a red sole.
According to the fashion house’s court filings at the time, they said: “Red outsoles are a commonly used ornamental design feature in footwear, dating as far back as the red shoes worn by King Louis XIV in the 1600s and the ruby red shoes that carried Dorothy home in The Wizard of Oz.”
And it seems a court of law now agrees with their sentiment. Judge Victor Marrero stated in his conclusions: “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, even if it has gained enough public recognition in the market to have acquired secondary meaning.
“Awarding one participant in the designer shoe market a monopoly on the colour red would impermissibly hinder competition among other participants. YSL has various reasons for seeking to use red on its outsoles.”
However, he conceded that those in the know would still associate the style with Louboutin: “When Hollywood starlets cross red carpets and high-fashion models strut down runways and heads turn and eyes drop to the celebrities’ feet, lacquered red outsoles on high-heeled black shoes flaunt a glamorous statement that pops out all at once. For those in the know, cognitive bulbs instantly flash to associate: “Louboutin.’”
YSL were clearly happy with this initial ruling. They’ve released this statement via their legal team:
“We’re gratified that Judge Marrero has agreed with YSL that no designer should be allowed to monopolise a single colour for an article of apparel.”
Louboutin’s lawyers said: “We are profoundly disappointed in Judge Marrero’s decision. Although we are still studying it, it appears he has decided that in the fashion industry, one colour should not serve as a trademark… We are currently evaluating all alternatives”.
It sound like this battle might run and run.
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