Red-soled shoemaker Christian Louboutin’s request for a preliminary injunction against design house Yves Saint Laurent (YSL) to stop it from selling red-soled shoes was denied by a Manhattan Federal judge. Louboutin filed suit against YSL in April for trademark infringement, unfair competition and false designation of origin.
As reported in NY Magazine, the judge wrote, in part: “… 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.”
YSL attorneys were reported to be “gratified” that the court stated that a designer cannot monopolize a color. Louboutin attorneys told AFP: “We are currently evaluating all alternatives.”
As shown in earlier T+B posts (here and here), here’s the Louboutin trademark record for the red soles from Corsearch® Advantage™:
If you’re interested in reading more about the subject of colors and trademarks, read our earlier T+B post, “Color Me a Trademark.”
What do you think of the judge’s decision?
{ 2 trackbacks }