Now they are featuring in a trademark dispute between two haute couture fashion houses, Christian Louboutin and Yves Saint Laurent. Christian Louboutin loses round one of red sole battle with Yves Saint Laurent.
Christian Louboutin’s whose shoes have a distinctive red sole, was suing Yves Saint Laurent for using the same colour on the bottom of its footwear.
US judge, Victor Marrero, has denied Louboutin’s request to block sales of ‘copycat’ red soled shoes from YSL’s 2011 collection.
Marrero wrote in his ruling:
‘Because in the fashion industry colour 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.’
Mr Louboutin is seeking more than $1million damages for alleged infringement of his ‘Red Sole’ trademark, claiming that he was the first designer to develop the idea of having red soles on women’s shoes.
YSL hit back, with their court papers stating ‘Red outsoles are a commonly used ornamental design feature in footwear, dating as far back as the red shoes worn by King Louis XIV in the 1600s and the ruby red shoes that carried Dorothy home in The Wizard of Oz.’