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Christian Louboutin originated the concept of red soles in its shoes as a trademark nearly 20 years ago. He created the idea when he painted red nail polish on the black soles of a pair of women's shoes. In order to protect the design - shoes with red bottoms, not to be copied by others, Mr. Christian Louboutin tried to apply for a trademark in September 2007 for his red sole shoes. Trademark management standard has not come out yet.
Meanwhile YSL produced red shoes with matching red soles as part of a collection in which every pair has soles of matching color.
Christian Louboutin filed a trademark infringement lawsuit in early April this year in Manhattan Federal Court, because YSL used red sole on shoes frequently, that make the consumers feel confuse between the Christian Louboutin brand and YSL brand, lead consumers to buy wrong, cheat the consumers. So Christian Louboutin requested YSL to compensate damages and stop producing red sole shoes.
Now the verdict came out: Christian Louboutin lost! Louboutin lost the lawsuit because apparently red soles are not an official trademark for Louboutin.
“In the fashion industry, colours have adornment function and aesthetic value. Even if Christian Louboutin red bottom shoes are already have enough awareness in the fashion world, but Christian Louboutin can’t prove shoes with red bottoms is the protected by the trademark law” the judge Victor Marrero wrote in his court verdict.
What’s interesting is that now YSL lawyers are seeking revenge. Taking movement towards having Louboutin’s trademark entirely cancelled. A step implied by the judge who ruled to their favor. After stating in his ruling that “Louboutin is unlikely to be able to prove that its red outsole brand is entitled to trademark protection.”
Just three words from a Louboutin lover – “SO NOT FAIR”! Since now – no more YSL for me. It’s not about good lawyers and winning the suit. It’s about being a creative designer. Designers without their own unique fashion ideas are not on the top of my wish list.
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