Thursday, August 11, 2011

The battle of the red-soled shoe




Louboutins

As you may have heard, Christian Louboutin wanted to halt the sales of a pair of Yves Saint Laurent shoes because they used a similar red outsole to the ones Christian Louboutin always uses. However, on Wednesday, a judge denied Louboutin's request. This is what the judge wrote in his ruling:

"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."

I understand where Christian Louboutin is coming from, but I also understand where the judge is coming from, so I'm a little conflicted when it comes to this battle... What do you think?