Christian Louboutin Loses Red Soles Case
Designer shoe label Christian Louboutin has lost the rights to claim exclusivity over its self-trademarked red soles in a court case on Wednesday.
U.S. District Judge Victor Marrero ruled that despite the infamous red soles being an identifying characteristic of a Louboutin shoe, there is no reason why other labels cannot use the color as well.
Admitting he was a fan of the crimson soled shoes during the proceedings, Marrero further explained that due to the nature of the fashion industry, no one brand can have exclusive rights to a color.
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"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," said Marrero, who revealed himself as an ardent admirer of the sexy slip-ons.
The ruling comes with benefit to rival Yves Saint Laurent, whom Louboutin had filed a million dollar suit against, claiming, "Trade Mark infringement, unfair competition and false designation of origin."
The brand petitioned that four shoes in YSL's 2011 Cruise collection have red soles, which customers might confuse for Louboutins.
YSL says that Louboutin's claims of originating the red sole are false, stating that its brand has made shoes with the striking feature since the 1970's, taking inspiration from, "King Louis XIV's red-heeled dancing shoes or Dorothy's famous ruby slippers in 'The Wizard of Oz'," Judge Marrero quoted the brand as saying.
Christian Louboutin and its red souls alike, have only been around since 1991.
After showing great favor to Louboutin, detailing how Hollywood starlets command attention on the red carpet by wearing the brand, Judge Marrero ruled that allowing the color to be legally trademarked would be unfair to other designers.
"Awarding one participant in the designer shoe market a monopoly on the color red would impermissibly hinder competition among other participants. YSL has various reasons for seeking to use red on its outsoles."
An attorney representing Louboutin told AFP he was "profoundly disappointed."
