Christian Louboutin wins red-sole trademark case

by Lauren O'Neil Posted: September 6, 2012 3:10 PM Last Updated: September 6, 2012 3:11 PM

View the story "Christian Louboutin wins red-sole trademark case" on StorifyChristian Louboutin wins red-sole trademark caseA U.S. federal court has ruled that French shoemaker's distinctive red soles are entitled to trademark protection.Storified by CBC News Community · Thu, Sep 06 2012 12:09:26Tumblr

Some say real designer shoes can be identified by theirworkmanship. Others, the price tag and/or the starlet who happens to bewearing them.

In the case of Christian Louboutin, bright red soleson the bottom of the shoes have served as a mark of authenticity since 1992 -until knockoffs started popping up on the market.TwimgYtimgBlogspot

This week, however, a New York federal court of appealsjudge has ruled that Christian Louboutin is entitled to protect itself from copies by trademarking the iconic red soles.

""Wehold that the lacquered red outsole, as applied to a shoe with an 'upper' of adifferent color, has 'come to identify and distinguish' the Louboutin brand andis therefore a distinctive symbol that qualifies for trademarkprotection," U.S. Circuit Judge José A. Cabranes wrote in a 31-pagedocument, reports Bloomberg.undefinedundefined

The problem of straight knock-offs, like the 20,000 pairsseized at the U.S. border last month, may be solved for Louboutin, but only inthe case of shoes with different-coloured soles and tops.

Los Angelenos Denied 20,000 Pairs of Fake Louboutins - The CutAug 16, 2012 ... Customs and border-protection officials in Los Angeles seized four shipments of the fake heels sent from China earlier...Completely red shoes cannot be trademarked, nor can the specific shade of red, according to the court ruling.
Wordpress

In an attempt to protect its brand image, Louboutin hadlaunched a lawsuit against fellow Paris-based fashion house, Yves Saint Laurent(YSL), for selling its own red-soled red shoes.

U.S. District Judge Victor Marrero rejected Louboutin's bidfor an injunction that would prevent YSL from selling red-soled shoes in August2011 before the case was appealed.

While Louboutin is being hailed as the victor in this case, YSL is also claiming victory.

YSL MONOCHROMATIC SHOES LIVE ON! http://pic.twitter.com/PE7fYvpGYSL"This is a complete win for YSL," said David Bernstein, the lawyer who represents YSL, in a statement. "The Court has conclusively ruled that YSL's monochromatic red shoes do not infringe any trademark rights of Louboutin, which guarantees that YSL can continue to make monochromatic shoes in a wide variety of colors, including red."
Louboutin's lawyer Harley Lewin was equally pleased with the decision, which he said will allow Louboutin " to protect a life's work as the same is embodied in the red sole found on his women's luxury shoes."
TurnerAbove is a photo of the designer Christian Louboutin with a pair of his red-soled shoes.
Both designers wield a great deal of influence within the fashion community, but the overwhelming majority of Tweets show that online fashionistas are happy to see that the Louboutin red sole is finally "official."I'm happy for the result of Christian Louboutin's lawsuit. He came up with a unique idea. It's only right it's made exclusive to the brand.Karmen.Congratulations on the red sole trademark Mr. Louboutin !!! Rightfully soYamile FerrerRed Sole Shoe always meant Christian Louboutin, but now it's official! Louboutin wins YSL battle to trademark red soles http://bit.ly/TrZpnlKristina CisneroI am honestly so happy to see that Louboutin won a lawsuit that stops other companies from copying the red bottom style !Instagram: TashSoloFrankly, I'm happy for Christian Louboutin - bet he's thrilled ... #MailOnline http://bit.ly/Q5FcR3 http://pic.twitter.com/PdIE0W0dYasmin BolandWin/Win. Congratulations Christian! "@NYMag: Mr Louboutin won his shoe lawsuit after all. There's one caveat though. http://nymag.com/thecut/2012/09/louboutin-won-his-appeal-against-ysls-red-soles.html?mid=twitter_nymag"Melanie RickeyA federal court ruled that Christian Louboutin is entitled to trademark its shoes' red soles. I hate myself for being so happy about this.Jodie RemickWearing my Louboutin's today (sorry YSL)! Happy Fashion Week everyone!!! Break a heel!! #MBFW #NYFWDarryl NippsWith both New York Fashion Week and the Toronto International Film Festival kicking off this evening, and the global shopping night "Fashion's Night Out" taking place as well, it's safe to say that both brands will be seen on runways and all over red carpets this week:In celebration of #FNO and the start of #NYFW - me and my leather pencil skirt and Louboutin's are going shopping. :) #RetailTherapyadrielepaigeTomorrow I will be dressed up to the T wearing YSL for Fashion's Night Out & will gladly see the unveiling of Louboutin's new shoes #FNOPedro VelascoLoubi's gone oriental! @louboutinworld Fashion's Night Out edition! #nyfw #shoes #fno http://instagr.am/p/PPVl0BTesR/FashLinknew High Heels pic : I'm Lovin my new #jcrew brocade pants #nyfw #fallfave #newstyle #louboutin http://bit.ly/QoycRiWe Love High HeelsIt's #FNO time. Come party with us tonight: @FNOnyc @FNOlosangeles @FNOdallas @BritishVogue @VogueSpainChristian LouboutinA city full of people with sore feet starts tomorrow in Toronto and ends in 11 days. #TIFF12.. get those shoes ready.Linda MatarassoThere once was a young woman who lived in her shoes... #nyc #personalstyle #shoes #fashion #shopping #nyfw http://instagr.am/p/PM12p_Qx-a/Natalie Decleve

Tags: storify

Previous PostSeptember Photo Contest: Black & White

Back to Your Community Home

Next PostClinton's DNC speech garners Twitter buzz

Stay Connected with CBC News

Meet the Community Team

CBC News Community team, from left to right: Andrew Yates, Andrea Lee-Greenberg, Lauren O'Neil, John Bowman

If you're part of the CBC News community, you're likely to meet one of us: we're the folks working to produce and promote your stories. Read more about us.

Archives »

2012 (1740)

Accessibility Links

CBC Global Navigation

CBC News Community

Major StoriesIn The News

CBC News Navigation

Christian Louboutin wins red-sole trademark case

More Stories under Community

More entries for category: Community

Stay Connected with CBC News

Meet the Community Team

Other Your Community Entries

Archives »

CBC Global Footer

CBC.ca

Corporate

Stay Connected

CBC Links

Accessibility Links

CBC News Community

Major StoriesIn The News

CBC News Navigation

Christian Louboutin wins red-sole trademark case

More Stories under Community

More entries for category: Community

Stay Connected with CBC News

Meet the Community Team

Other Your Community Entries

Tag Cloud

Categories

Archives »

CBC Global Footer

CBC.ca

Corporate

Stay Connected