Los Angeles, CA, United States (Celebrity News Service) – Soon, Christian Louboutin won’t be the only designer boasting red-bottomed shoes. A Manhattan federal judge denied the injunction sought by Louboutin to stop Yves Saint Lauren from selling their own crimson-colored shoes.
Although Louboutin trademarked the colored bottoms back in 2008, Judge Victor Marrero says that shoemaker’s claim of “the color red” is “overly broad and inconsistent with the scheme of trademark registration established by the Lanham Act.”
Louboutin was suing YSL over four shoes in their 2011 collection: the Tribute, Tribtoo, Palais and Woodstock. They all feature bright red outsoles, like Louboutin’s signature designs (which have been named-checked in songs from Jennifer Lopez to Trina).
But thanks to the judge’s decision, women could be rocking red outsoles from Target and other more wallet-friendly designers at a fraction of the cost of Louboutins.
Plus, the judge makes a point. If the French shoe designer trademarks Chinese Red for exclusive use, then another designer can just trademark another shade of red.
“Louboutin’s claim raises the specter of fashion wars. If Louboutin owns Chinese Red for the outsole of high fashion women’s shoes, another designer can just as well stake out a claim for exclusive use of another shade of red, or indeed even Louboutin‟s color, for the insole, while yet another could, like the world colonizers of eras past dividing conquered territories and markets, plant its flag on the entire heel for its Chinese Red,” the judge said in his ruling.
Well said, Judge Victor Marrero. Although he probably won’t be receiving a complimentary pair of Louboutin pumps anytime soon.