Fashion brands are particularly fussy when it comes to protecting an attribute that defines their very soul — or in the case of Christian Louboutin, its sole.

The designer of shoes with iconic red bottoms that sell for as high as $3995 a pair, Louboutin has been sticking its stilettos into counterfeiters who sell fake versions of pricey pairs of their shoes, as well as other fashion brands who dare to step on their trademarked sole. 

Last August, Louboutin took legal action in a U.S. court against another French fashion firm, Yves Saint Laurent. The case had interesting trademark implications: Louboutin had argued that YSL was infringing on its intellectual property by introducing all-red shoes. But a New York judge rebuffed the argument, stating that "Loubotin's claim would cast a red cloud over the whole industry, cramping what other designers could do while allowing Louboutin to paint with a full palette. Louboutin would thus be able to market a total outfit in red, while other designers would not."

Louboutin appealed the decision and now, in the latest twist, it has won a trademark battle, but not the trademark war.Continue reading...

Executives at Christian Louboutin are likely seeing red after losing a court battle against Zara over a pair of $70 red-soled shoes.

Louboutin took Zara to court in 2008 and won when the shoes hit the market saying that it alone had the rights to produce and sell red-soled shoes, but an appeals court in France has ruled in favor of Zara and is telling Louboutin it also has to fork over £2,500, or about $3,600, according to New York magazine. 

That isn’t a lot of money in the grand scheme of things, of course, but it’s an extra little face-rub in the mud for Louboutin, which has been on the warpath against counterfeiters of its signature red-soled shoes.

The ruling also doesn’t bode well for a bigger Louboutin appeal, against Yves Saint Laurent, in a case that the brand lost last summer in New York.Continue reading...

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Christian Louboutin is not about to let its very recognizable red sole get stepped on. The flash of color under spikey heels has become an identifying mark of the designer's high-priced shoes. Last August, Louboutin sought to protect that red sole in a case that pitted the iconic design house against another fashion legend, Yves Saint Laurent, who introduced shoes that were red all over, including the soles. But Louboutin was rebuffed by US District Judge Victor Marrero.

Hizzoner ruled that Christian Louboutin did not have a lock on the color red. In his opinion, Marrero wrote that "Louboutin's claim would cast a red cloud over the whole industry, cramping what other designers could do while allowing Louboutin to paint with a full palette. Louboutin would thus be able to market a total outfit in red, while other designers would not."

On Tuesday, Christian Louboutin was back in court, this time at the U.S. 2nd Circuit Court of Appeals in New York, in an attempt to defend its right to exclusively use red, and specifically a tone it calls "China Red," on the soles of it shoes. Louboutin's attorney, Harley Lewin, told a three-judge panel that "Christian Louboutin has created one of the more iconic trademarks of the 21st century. Louboutin turned a pedestrian item into a thing of beauty."

Opposing attorney David Bernstein, arguing on behalf of Yves St. Laurent, countered "Artists of this type need the full palette of colors available. In order to compete and compete fairly, we need red. We don't want to find out that we can make green, blue, purple shoes... but we are enjoined from making red."Continue reading...

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Christian Louboutin suffered a setback today when a New York judge rebuffed the brand's attempt to stop other brands — namely, rival French fashion brand Yves Saint Laurent — from adding a red sole to their high-heel shoes.

According to the Associated Press,

"U.S. District Judge Victor Marrero refused a request by Christian Louboutin to stop the sale of women's shoes with red soles by competitor Yves Saint Laurent S.A.S., another French company based in Paris. Though the ruling came at an early stage of consideration of a lawsuit Louboutin brought in April, the judge said it will probably be tossed out."

Marrero ruled that it's unlikely Louboutin could defend an "overly broad" trademark, which claims the lacquered red sole as a feature of its mark, that was granted in 2008 by the U.S. Patent and Trademark Office.

Drawing an artistic analogy, the judge said Picasso couldn't legally prevent Monet from using a particular hue of indigo, and added that granting Louboutin exclusive use of the color red could hinder manufacturers of other items.Continue reading...

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