Louboutin Loses to YSL and Exclusive Right to Use Red Soles why are christian louboutin soles red

Louboutin Loses to YSL and Exclusive Right to Use Red Soles

Louboutin and Yves Saint Laurent’s bloody battle ended last Wednesday when US District Judge Victor Marrero denied Louboutin the exclusive right to use red soles.

Despite having acknowledged the fame and appeal of Louboutin shoes, Judge Merrero concluded that Louboutin had no trademark protection which was “overly broad” in the first place.

In a filed written statement, Judge Merrero said:

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.

He also implied that if this case continued, he would move to find for the defendant (YSL) without a full trial, which could mean that Louboutin just might lose their trademark on the Pantone-18 Chinese Red sole awarded to them by the US Patent and Trademark Office in 2008.

Shoe designer Christian Louboutin reveals the inspiration for his famed red soles on ABC’s “Oprah” USA, aired on January 15, 2008

This is one piece of news that was heard beyond the confines of the fashion industry. Christian Louboutin has made the red sole so famous that even a man-on-the-street associates that flash of red on shoes with “Louboutin” (or that designer).

That’s why it’s also sparked a big debate on whether the verdict was right or not and have split people into the two designers’ camps.

Here are some of the popular arguments for either designer:

Pro-Louboutin

  • Other brands using red soles would devalue and lessen the exclusivity of Louboutin shoes
  • As a lawyer for Louboutin stated, “[Even in] consumer foods, packaging and color serve to distinguish one product from another” — this specific shade of red on a specific part of a shoe is associated with Louboutin
  • Tiffany has trademarked the color “Tiffany Blue” so why can’t Louboutin trademark “Louboutin Red”?

Pro-Yves Saint Laurent

  • YSL has been making red-soled shoes since 1962
  • As Judge Marrero said, “awarding one participant in the designer shoe market monopoly on the color red would impermissibly hinder competition among other participants” — no one in a creative industry such as fashion should be allowed to have a single color as a trademark
  • The idea for red soles was “copied from King Louis XIV’s red-heeled dancing shoes or Dorothy’s famous ruby slippers in ‘The Wizard of Oz” as YSL has stated

In addition to these, we don’t think the women buying the thousand-dollar shoes from either Louboutin or YSL would actually ever mistake one for the other. But if we’re talking about the general populace, YSL might actually be on the losing end here. Because when people see a red sole on a designer shoe, don’t they automatically assume that it’s a Louboutin? In effect, YSL would be giving Louboutin free advertising when they use red soles on their shoes.

People could always just check the label of course. But even if Louboutin was able to stop YSL from selling red-soled shoes, what are they going to do with the hundreds of other shoe brands that blatantly copy Louboutin?

In this red sole battle, whose side are you on — Christian Louboutin or Yves Saint Laurent?

Credit: WENN

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“Female Shoe Party Fundraiser” “Christian Louboutin”, red soles shoe raffle

Event Details

“Female Shoe Party Fundraiser” “Christian Louboutin”, red soles shoe raffle

Time: October 15, 2011 from 6pm to 10pm
Location: Long Beach California, at The Marriot Residence Inn
Website or Map: http://99ers.bbnow.org/ and h…
Event Type: fundraiser
Organized By: Barbara Graham
Latest Activity: Oct 4, 2011

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Dear Family and Friends, If you CANNOT ATTEND the fundraiser, you may sent the donation to: http://99ers.bbnow.org/   and    http://goo.gl/ouqFx Please donate at these sites. The event will be held Saturday, October 15, 2011, from 6:00 - 10:00 PM - As many of you may already know, I am involved in fundraising for “REACHING OUT”, to the ‘99ers. . This organization RO, give fundraising events for the community to support parents whom have been unemployed since 2008 with small children (ages 4-13)…in need of clothing and shoes, for their child to return to school and other events throughout the year. This group of people is called the ‘99ers, by the government & media. With the unemployment over 12% in most states, RO realizes the length of the unemployment check, after monthly bills, it leaves nothing for children clothing and shoes. We work very hard to provide relief to families in this down economy receiving unemployment benefits This year we will have our “ Female Shoes Fundraising” event to raise funds to purchase clothing and shoes for unemployed families. Do you remember going back to school with something new, giving you confidence, feeling good and making new friends? I know I do. Even if the school is a uniform system, they will have on new shoes. “Helping them focus on the days ahead”. I am asking you to help us out this year by giving a tax-deductible donation to '99ers Fundraiser event. I hope we can count on you for a generous donation of $10.00 or more; even IF you cannot attend. * Donations of $100.00 or more will be entered into (2) raffle drawings for the “Christian Louboutin”, red soles shoe raffle (value at $800.00) drawing. Giving 2 people a chance to win. This drawing will be held the evening of the event and you do not have to be present. The winner will be contacted by email and phone to receive their Christian Louboutin shoes Gift Certificate. * Donations of $25.00 or more will will be entered in the "Top Designer's Shoe" raffles. (4) raffles drawing will be held. These shoe raffles have a retail value of $150-$300. * Donations of $10.00 to $20.00 will enter you into the regular raffle and receive a pair of shoes, IF you should attend the event in person. These shoes have retail value of $40 - $80.00 Please go to http://99ers.bbnow.org/ to donate before the event. Please bring email receipt to enter the event, because your receipt number will be the number, we use for the raffles. Note: Event will not be held if replies to attend the “Female Shoe Party Fundraiser” are less than 75 people, by September 1, 2011, midnight, PST

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Comment by karlene sherwood on October 4, 2011 at 9:10pm I DON'T LIVE WERE YOUR EVENT IS TAKING PLACE,BYE THANKS FOR THE INVITE. Comment by Barbara Graham on August 3, 2011 at 11:58pm The time is now for us to to step up and help this group of American people. Let's not forget most of them have young children at home that has out grown clothing and shoes, some are living in their cars, bed bug motels across the country, some are spending their nights sleeping on park bunches, and some have no hope left and have giving up. Let's give them hope, again, by donating to this cause...we're here to help them!. Please Donate NOW!!!  http://goo.gl/ouqFx   and
http://99ers.bbnow.org/ Comment by Barbara Graham on August 3, 2011 at 11:57pm 99ers is a colloquial term for unemployed people in the United States, mostly citizens, who have exhausted all of their unemployment benefits, including all unemployment extensions. As a result of the American Recovery and Reinvestment Act passed by Congress in February 2009, many unemployed people can receive up to 99 weeks of unemployment insurance benefits, hence the name "99ers". An estimated 9 million people are affected Comment by Barbara Graham on August 3, 2011 at 11:44pm Families need your support.! The Unemployed and Underemployed Americans should not invisible to us. Its time to help our families in America, because the natural disasters (was started by humans) here in the USA. So take a stand, help the American people that need help NOW!!!! Donate to this cause Please. http://99ers.bbnow.org/ and  http://goo.gl/ouqFx    please copy this link to your browser Comment by Barbara Graham on August 3, 2011 at 11:38pm This year we will have our “ Female Shoes Fundraising” event to raise funds to purchase clothing and shoes for unemployed families. Do you remember going back to school with something new, giving you confidence, feeling good and making new friends? I know I do. Even if the school is a uniform system, they will have on new shoes. “Helping them focus on the days ahead”.

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