Naturally, in response, YSL is questioning the validity of Louboutin's trademark. Additionally, YSL claims to have manufactured shoes with red outsoles since the 1970s--Louboutin only officially came into the shoe scene in 90s, obtaining a trademark for its soles in 2008.
Last Friday, 22 July 2011, Louboutin's lawyers asked Judge Marrero to issue a preliminary injunction to stop YSL from producing red soled shoes. Judge Marrero said he needed more time to decide so the verdict is still in the air.
Immediately thinking of how the red bottoms are not functional and have become widely recognized as a Louboutin shoe I thought the trademark would unlikely be successfully challenged by YSL. Also remembering that Louboutin was successfully taken to court for its blue-soled wedding shoes I thought Louboutin would be successful in his lawsuit.
I am now voting against Louboutin on this one simply because he was not the first to think of, produce, or sell shoes with red outsoles.
-Yet it is anyone's guess how this case will turn out.
I wonder what would happen if this case were to have been filed in Paris instead of Manhattan.
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| Christian Louboutin Cate Boots (I promise this will be one of few iPhone pictures) |
In the last two years, I have collected three pairs of this same boot--not because they mess up (that is what vibrams
are for) but because I want to have them forever!! These are the most comfortable shoes I have ever had. While I would not suggest them for a business wardrobe I can assure you that the calf part is snug enough to wear under work pants (specifically Theory suiting and Express editor pants) without detection.
I completely agree! It's ridiculous for CL to hold a patent on a generic color. At the least it should be required that they patent a specific pantone like Tiffany & Co. I think it should be revoked or at least revised to be shade specific. As for the claims that it will "damage the Louboutin brand" is just ludicrous. They're grasping at straws!
ReplyDeleteThe Tiffany Blue is definitely an iconic color trademark. That's a great idea Nina but could a pantone save CL on this one? (think BP & their green pantone).
ReplyDeleteAlso, the YSL design that triggered the lawsuit (the red suede palais pumps/style#313165301) do not look like a CL design. The front (unhidden) platform with slight s-curve slope and the heel width and curve look very YSL to me.
I think that YSL can even argue that the red outsole is a functional feature in relation to the use of shoes on red carpets. --I could squeeze an argument out of that.
All good points. I do not know anything about Trademark law but will say in my opinion as a consumer, CLs claim that the red soled YSL will create brand confusion amongst customers at high end retailers is the weakest argument I have ever heard. I love my CLs but it seems he's a bit dillusional when it comes to his brand. Also the comment stating he 'invented the red sole shoe' rubbed me wrong since there have been red sole shoes dating back to the 14th century and YSL specifically produced several lines in the 70s with red soles.
ReplyDeleteHere's for hoping they modify the trademark & the clerk who approved the original extremely generic license gets canned!
Yup--you've said it best. Thanks for the insightful comments Nina!
ReplyDeleteFrom the royal family red bottom shoes and nobles to fashionable tide, all women are crazy to have a pair of "red soled shoes"! Seducing Red Bottom Boots a man's attention by stepping on the foot of that touch of red, a woman's desire "red-soled shoes" flushes for twenty years.
ReplyDeleteThere is no doubt that red bottom shoes are most women's favorites.
ReplyDeletered bottom heels