Breaking news, Christian Louboutin has been awarded the right to officially trademark his signature red soles!
I am so delighted because quite frankly the red sole is Louboutin’s trademark and differentiating attribute.
For those of you who don’t know the story, here is a quick synopsis.
Christian Louboutin took YSL to court because they were designing shoes with a red sole and Louboutin claimed that he had trademarked the red sole. The court decided that one could not trademark a colour and ruled in favour of YSL which of course Louboutin appealed.
This week, it was been announced that Christian Louboutin has won his appeal and he can in fact trademark the coloured sole.
The court said:
“We see no reason why a single-color mark in the specific context of the fashion industry could not acquire secondary meaning―and therefore serve as a brand or source identifier―if it is used so consistently and prominently by a particular designer that it becomes a symbol, “the primary significance” of which is “to identify the source of the product rather than the product itself.”
The court’s ruling included one pretty significant stipulation: Louboutins are now protected from knockoffs–except for when the entire shoes are red. Which, as you can see from above, was the case with those all-red YSL pumps, which prompted the suit in the first place. Still though I think it classes as a win!
For the style & fashion obsessed..