The red shoe diaries.

Christian Louboutin is fairly famous for making and marketing his exotic shoes with the red soles.  So famous in fact that the Second Circuit Court of Appeals has ruled that the distinctive red soles of Christian Louboutin shoes are entitled to trademark protection.

However, only if the rest of the shoe is not red.

(The offending red shoe)

The lawsuit was filed to prevent rival French designer Yves Saint Laurent (YSL) from selling shoes that featured a monochrome red shoe with a red sole. After negotiations between the two designers failed, Louboutin filed a trademark infringement lawsuit.

The appellate court concluded that Louboutin’s trademark, consisting of a red, lacquered outsole on a high fashion woman’s shoe, has acquired limited “secondary meaning” as a distinctive symbol that identifies the Louboutin brand.

The decision reverses a lower court ruling that a single color can never serve as a trademark in the fashion industry.

The court did, however, instruct the U.S. Patent and Trademark Office to limit the trademark to uses in which the red outsole contrasts with the color of the rest of the shoe. “It is the contrast between the sole and the upper that causes the sole to ‘pop,’ and to distinguish its creator,” the opinion states. I heartens me to know that the justices understand the word “pop” in a fashion context.  Actually, I am sure that the women on the court educated the male members of the judiciary on the word “pop.”

Under the modified trademark, YSL’s shoes do not infringe. As a result, both designers walked away from this case with a victory.

Now about those blue suede shoes….

How I Help

If you have a distinctive brand that you need help to protect, or know someone that can use my help, please contact me for a free 30 minute consultation at nvantreeck@usip.com or call TOLL FREE at 1-855-UR IDEAS (1-855-874-3327) and ask for Norman.

– Ex astris, scientia –

I am and avid amateur astronomer and intellectual property attorney.  As a former Chief Petty Officer in the U.S. Navy, I am a proud member of the Armed Service Committee of the Los Angeles County Bar Association working to aid all active duty and veterans in our communities.  Connect with me on Google +

Norman

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