French designer Christian Louboutin is very unhappy with a
recent New York Court decision. In this ruling, Judge Victor Marrero of the
Southern District of New York stated that Louboutin cannot block Yves Saint Laurent from copying its distinctive red soles. The trademark that Christian
Louboutin obtained in 2008 for “lacquered red soles” and used in women’s
high fashion designer footwear is “overly broad” and therefore doesn’t offer protection.
The court rejected Louboutin’s request to forbid YSL from
selling more red-soled shoes while the case was pending. The
judge found it unlikely that Louboutin would succeed with his claims
for trademark infringement and unfair competition.
The ruling stated that trademarks can be obtained for
fashion purposes for a single color but only if the color is used in a distinct
pattern or combination of shades. (E.g., Louis Vuitton’s LV monogram or
Burberry’s signature beige plaid). But a fashion designer cannot claim
trademark protection for a single shade such as the color red.
Louboutin’s claim failed on two important points:
- The precise color red is not identified in the registration
- The trademark does not specify what type of lacquered coating would be protected and which type of high fashion shoe.
The judge also ruled that color is a basic element of
fashion and therefore cannot be claimed exclusively by an individual designer.
“Awarding one participant in the designer shoe market a monopoly on the
color red,” the court found,”would impermissibly hinder competition
among other participants.”
It would be, the court analogized, like depriving a painter
from “employing a color intended to convey a basic concept because another
painter, while using that shade as an expressive feature of a similar work,
also staked out a claim to it as a trademark in that context.”
The court went on to stated that if the trademark would be upheld,
it would trigger endless fashion wars and hinder the legitimate competition in
high fashion designer shoes.
Louboutin is not the first one to use red in footwear.
Aristocrats in the 1600s sported red-heeled shoes. A portrait of Charles II of England from
1675 shows him swearing shoes with red heels as well as red soles. Louis XIV of France made them the “it” item among Europe’s monarchs. He even issued an edict
saying that only members of the nobility by birth were allowed to wear them.
Recently, red soles have brought glamor and sex appeal to footwear.
Valentino Garavani has been producing
red-heeled shoes since 1969. He uses orange-like rouge that is referred to as “Valentino Red.” In the 1970s, Yves Saint Laurent started
producing the monochrome shoe, which is entirely one color — from the leather
upper to the inside to the heel and the sole – in purple, blue and red. Charles Jourdan (Louboutin was his apprentice in the ’80s) also painted the soles of
his shoes red. The concept is therefore far from new or innovative.
Christian Louboutin is strongly advised not the appeal.
Instead, he might opt for a signature red color and trademark it as “Louboutin Red”.
