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Louboutin’s face in red?whenever red soles the mark of Christian Louboutin is on famous, but today, this situation may change.A court on Wednesday refused to grant a preliminary injunction requested by the Christian Louboutin company against Yves Saint Laurent, alleging trademark infringement on shoes that featured red soles suspiciously similar to those of Louboutin. The decision not only cleared the way for YSL to continue producing its shoes, but also seemed to give coverage to other shoe manufacturers who may want to add a scarlet underpinning to their own future models.
But recognition aside, the court ruled that allowing Louboutin to claim that scarlet sole as solely its own would have been like enjoining Monet from using a specific shade of blue in his water lilies series because Picasso had gotten there first with the paintings in his Blue Period.
“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, even if it has gained enough protection in the market to have secondary meaning,” the court ruled.
The court seemed to want to give Mr. Louboutin his due, however, describing in great detail the impact the French designer (who has been profiled in both Vanity Fair and the New Yorker) has had on fashion. “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,” the ruling stated. “For those in the know, cognitive bulbs instantly flash to associate: ‘Louboutin.’ ”
“We are profoundly disappointed at the judge’s decision,” Louboutin’s lawyer, Harley Lewin, told Agence France-Presse on Wednesday. “We are currently evaluating all alternatives.”
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Louboutin May Lose Red Sole Trademark whenever red soles the mark of Christian Louboutin is on famous, but today, this situation may change.While it remains to be seen whether Christian Louboutin will retain its red-sole trademark, a Manhattan federal judge has denied Louboutin's request that Yves Saint Laurent be barred from selling red-soled shoes while the shoemaker's lawsuit against YSL is pending.
The judge concluded that Louboutin wouldn't likely be able to prove that its red soles deserve trademark protection — protection that was originally granted in 2008. "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, even if it has gained enough public recognition in the market to have acquired secondary meaning," Judge Victor Marrero wrote in his opinion.
‘This just reaffirms that no designer should be allowed to monopolize a primary color for fashion,” David Bernstein, a lawyer for Yves Saint Laurent, said about the ruling today. “This is a trademark registration that never should have been issued and can’t be enforced.” “We’re obviously very disappointed,” Harley Lewin, a lawyer for Louboutin, said of the denial. “We think the judge missed it.” Lewin continued: "The court essentially indicated that it does not believe that a single color can be a trademark in the fashion industry. We're disheartened."
Marrero said in his ruling that representatives for both YSL and Louboutin must appear in federal court Aug. 17, when Louboutin will have to provide arguments against a motion to cancel the trademark.
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