Designer Shoes by Louboutin Lose Against YSL
August 22, 2011 | In: Information
The claims of designer shoes maker Christian Louboutin about trademark infringement by Yves Saint Laurent have fallen on deaf ears as the federal judge refused to grant a preliminary injunction against YSL to stop selling designer shoes with a red sole.
Southern District Judge Victor Marrero, has stated that a designer cannot claim to have trademarked a color so the designer shoes maker is very unlikely to win against YSL. He also added that if YSL decided to move against the validity of the trademark, it would be granted.
The designer shoes maker had sued YSL earlier in April alleging that the rival's shoes were infringing the "Chinese Red" shade of red which had been trademarked by Louboutin in 2008. Though the designer shoes by YSL didn't have the same shade of red and are entirely monochrome red, Louboutin still argued that the similar shade was infringing its trademark.
According to the judge, even if the color was associated with the Louboutin brand, color was an essential part of fashion design and hence cannot be trademarked.