As I discussed in a previous post, red soles have been a hot issue to patent.
Christian Louboutin is well known for his classic red soles, and has a faithful following of women coveting his footwear. Louboutin had filed a case against Yves Saint Laurent in April 2011. A federal court has now pronounced that the French shoemaker Christian Louboutin SA can trademark its red soles.
Originally, the red soles had taken a secondary meaning and was considered to be symbolic to the brand itself. The U.S. Court of Appeals for the Second Circuit has now ruled in the favor of Louboutin.
The court limited the brand's trademark to footwear where the red sole contrasts with the color of the r
est of the shoe. This basically prevents competitors that are using a red sole, such as the YSL, to use a red sole, but leaves open the possibility of e.g., having a red heel that would contrast to the rest of the shoe.
Furthermore, as YSL quite correctly pointed out, its s monochromatic red shoes do not infringe any trademark rights of Louboutin. YSL can therefore continue to make monochromatic shoes in a wide variety of colors, including red. David H. Bernstein of Debevoise & Plimpton LLP, YSL's rep on the case, stated:"YSL will continue to produce monochromatic shoes with red outsoles, as it has done since the 1970s."
A true Solomon’s verdict!
