Quantcast

Who Owns The Red-Soled Shoe: Louboutin, Or All Of Us?

louboutoin0811.jpg

smloub0811.jpg As everyone knows, you can spot a real Christian Louboutin shoe from its red sole (thing we learned watching Sex and the City!), but recently Yves Saint Laurent started biting the designer's style—a fashion nightmare that's been playing out in New York City court. Today U.S. District Judge Victor Marrero rejected Louboutin’s lawsuit against YSL, and request to stop sales on their own red-soled shoe, Bloomberg reports.

The judge explained, “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."

Louboutin introduced the red-sole in 1992, and the U.S. Patent and Trademark Office awarded them trademark on it in 2008. The company's lawyer says it's "the lifeblood of the company," but YSL's lawyer says it's “a trademark registration that never should have been issued and can’t be enforced," and now seeks to have the trademark cancelled. They'll be back in a Manhattan courtroom on August 17th, where Louboutin can argue against the cancellation of the trademark. We're guessing pretty soon we'll all be able to buy a version of these puppies at Payless.

Contact the author of this article or email tips@gothamist.com with further questions, comments or tips.

Comments [rss]

  • it's America, you can buy anything.. presidential favors, fda drug approvals, trademarks and patents. have money? you name it.

  • corygreenwell

    I would think that there is a very strong basis for trademark protection for the red soles, just as John Deere got for its Green tractors. Certainly with nearly twenty years it has acquired distinctiveness. I'm a thirty year old man and even I recognize Louboutin's by their red soles...Even if YSL has done it before, they didn't use the color in a trademark way like Louboutin has...that is, to put it on every pair of shoes it sells. Markedly different.

  • Peanut_Butter

    It's eye-catching for sure, but I don't think it adds to a woman's sex appeal.

  • Guest

    Ummm, YSL actually was doing red soles as early as the 1970's. They didn't exactly bite anything from Louboutin.

blog comments powered by Disqus

send a tip

tips@gothamist.com