The New York Federal Appeals Court has granted Christian Louboutin the right to protect its trademark on red soles. In recent months, the renowned French footwear brand has faced a significant legal confrontation against Yves Saint Laurent regarding a pair of red-soled shoes from the 2011 resort collection.
In August 2011, a federal judge dismissed Louboutin’s request to halt the sales of YSL’s shoes, asserting that Louboutin was unlikely to demonstrate that its red sole was eligible for trademark protection. Nonetheless, while Louboutin initially seemed to suffer a setback, the appeals court has ultimately favored the brand, overturning the earlier decision and affirming Louboutin’s right to protect its signature red soles. The sole exception to this ruling pertains to shoes that are entirely red.
According to Business Week, the appeals judges remarked, “The District Court’s conclusion that a single colour can never serve as a trademark in the fashion industry was based on an incorrect understanding of the doctrine of aesthetic functionality and was therefore in error.”
This ruling marks a partial victory for Louboutin, as the lawsuit against Yves Saint Laurent specifically involved a pair of red suede shoes with matching red soles, thereby exempting those particular shoes from the new trademark protections. Nevertheless, the outcome is pivotal, sending a clear message to any brand considering the sale of red-soled footwear in the future.
