The signature red soles on Christian Louboutin high heels, so famous they inspired a song by Jennifer Lopez and made countless cameos on “Sex and the City,” could one day show up on shoes sold at Payless!
A judge declined on Wednesday to grant a preliminary injunction requested by Christian Louboutin against Yves Saint Laurent, which was accused of trademark infringement for shoes that featured red soles similar to those of Louboutin’s. The decision not only cleared the way for Saint Laurent to continue producing its shoes, but also seemed to give coverage to other shoe manufacturers that may want to add a scarlet underpinning to theirs.
Judge Victor Marrero of Federal District Court in Manhattan ruled that the trademark Louboutin obtained in 2008 for its “lacquered red soles” — on shoes that can sell for more than $1,000 a pair — was “overly broad” and most likely not protectable.
“Because in the fashion industry color serves ornamental and aesthetic functions vital to robust competition,” Judge Marrero ruled, “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 protection in the market to have secondary meaning.”
The lawsuit was filed over four shoes in the Yves Saint Laurent Cruise 2011 collection: the Tribute, Taboo, Palais and Woodstock models.
No comment... YSL is a lovemark brand to me! Mr. Louboutin I would rather focus on making wearable shoes, maybe you should try a pair of YSL to understand what comfortable shoes mean!
