Christian Louboutin has lost a battle to stop Yves Saint Laurent from producing red-soled shoes. Although the outcome of his lawsuit against the French company is yet to be determined, a judge in New York has declined the famous footwear designer's request to stop Yves Saint Laurent from selling shoes with red soles, even though Louboutin trademarked the coloured sole in 2008.
The judge believed that he couldn't prove that the soles were deserving of trademark protection. Judge Victor Marrero concluded that "because in the fashion industry color serves ornamental and aesthetic functions vital to robust competition, the court finds that Louboutin is unlikely to be able to prove that its red outsole brand is entitled to trademark protection, even if it has gained enough public recognition in the market to have acquired secondary meaning."Louboutin's legal rep commented upon hearing the news: “We’re obviously very disappointed, we think the judge missed it. The court essentially indicated that it does not believe that a single color can be a trademark in the fashion industry. We're disheartened."
YSL's lawyer also commented on the decision: ‘This just reaffirms that no designer should be allowed to monopolize a primary color for fashion, this is a trademark registration that never should have been issued and can’t be enforced.”
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