The French shoe designer has won the right to trademark protection of his red soles in a US federal appeals court
The French shoe designer has won the right to trademark protection of his red soles in a US federal appeals court
Louboutin has been embroiled in a legal battle with Saint Laurent (formerly known as Yves Saint Laurent) since 2011 when he sued the brand over a pair of 'copycat' red soled shoes from Saint Laurent's 2011 resort collection.
The court's decision partially reserves an earlier ruling by the lower Federal Court who last August rejected Louboutin’s efforts to prevent Saint Laurent from selling the line.
Yesterday's ruling means that Louboutin can protect his red soles as a source-identifying trademark, except when the shoe itself is also red.
The ruling won't affect the Saint Laurent shoes in question as they are red suede with matching red soles.
CHRISTIAN LOUBOUTIN'S 20TH ANNIVERSARY COLLECTION
In a statement issued last night Louboutin said:
'We welcome the decision of the Court of Appeals and will study today’s ruling at great length. We are extremely pleased and gratified that the Appellate Court found our key arguments to be correct: first that color can and does serve as a trademark in the fashion industry, and that Christian Louboutin’s world famous Red Sole trademark is valid, protectable and enforceable.'
'As we have said throughout these proceedings and we reiterate now, especially in the light of this decision, we will continue to take all steps available to protect our trademark.'
What do you think? Can a colour be trademarked? Let us know your views below
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