The famed shoe-maker sought to stop his competition from selling similar red-soled footwear.
A Manhattan federal judge denied famed shoe-maker Christian Louboutin
an injunction that sought to stop fashion house Yves Saint Laurent from
selling red-bottomed shoes, a staple of Louboutin's footwear line.
The French shoe-designer was suing over four particular shoes in the
YSL 2011 collection: the Tribute, Tribtoo, Palais and Woodstock models.
Which all sport bright-red outsoles. Louboutin, who trademarked the crimson underbelly in 2008, claimed that
he pioneered the red-sole in 1992 when he first polished a shoe bottom
with red nail polish.
However, Judge Victor Marrero dismissed that argument, writing in his ruling
that "Louboutin's claim to “the color red” is, without some limitation,
overly broad and inconsistent with the scheme of trademark registration
established by the Lanham Act."The judge also went on to say, "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."
Christian Louboutin
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Gianmarco Lorenzi
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