Christian Louboutin is known for his fabulous and largely lusted-over footwear, as well as his signature lacquered red soles which have given his shoes iconic status. However, Louboutin may be not be the only designer using the trademarked red soles any more, as today he was denied an injunction in a law suit against Yves Saint Laurent, which would have banned them from selling anymore of their ‘copycat’ heels.
The red heels from Yves Saint Laurent’s 2011 cruise collection also feature a red sole, which prompted Louboutin to file a law suit against them. Today in court in New York a preliminary injunction was denied, meaning YSL can continue to sell their heels until both parties appear in court next week.
In his ruling Judge Victor Marrero wrote: “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.”
Who’s side are you on?