Louboutin was concerned that consumers may confuse the YSL red sole for a Louboutin shoe. Yves Saint Laurent, the United States Court of Appeals for the Second Circuit (the “Second Circuit”) overturned the lower court’s finding “that a single color can never serve as a trademark in the fashion industry.” Louboutin sued YSL for trademark infringement after YSL planned to release a line of “monochrome shoes” with an all-red silhouette. Finally and most recently, Louboutin received a win in the Beijing Intellectual Property Court and the Chinese Supreme Court for infringement of the “red-sole shoes.” Louboutin is still fighting for official trademark recognition in China’s Intellectual Property Court. The case made its way to the French Supreme Court, where the judges decided that the red bottom heel “lacked distinctiveness,” and invalidated Louboutin’s trademark. Louboutin sued Zara France for the sale of a red bottom shoe that looked like Louboutin’s “Yo-Yo” open-toe pumps. The Tokyo Appeal Board concluded that “red-colored heels and shoes have been widely sold before the launch of Louboutin shoes in 1996 in Japan until now.” Third, Louboutin attempted to sue Zara France but failed. Louboutin then unsuccessfully sued Eizo, a Japanese shoe brand, for selling a rubber red sole shoe. Second, Louboutin struggled to secure the Red Sole Mark at the Japan Patent Office. Therefore, Yves Saint Laurent’s (“YSL”) monochrome red shoe did not infringe on Louboutin’s trademark. Yves Saint Laurent case ruled that the Red Sole Mark registered with the United States Patent and Trademark Office does not extend to shoes that have a red body and a red sole. This article discusses Louboutin’s successful and unsuccessful efforts to register and enforce the Red Sole Mark.įirst, the Court in the Louboutin v. Many international courts had differing opinions about Louboutin’s Red Sole Mark. Filing the trademark applications was only half the battle. The “signature Louboutin style” was born! Īfter seeing the success of his shoe, Louboutin filed trademark applications for his red-soled shoe (the “Red Sole Mark”) in, among others, the United States, Mexico, the Philippines, New Zealand, Australia, Bahrain, and Morocco. He reached for the red nail polish and used it to paint over the black sole. Louboutin stared into the abyss of a “big black sole” while his assistant painted her nails bright red. ![]() It was 1993, and Christian Louboutin was reworking his latest masterpiece: a “Flowers” by Andy Warhol-inspired shoe. Louboutin’s signature red soles began the way many iconic fashion pieces are born: through inspiration from an unlikely place. Cardi B, Rihanna, Beyoncé, and Lady Gaga: what do all these glamorous celebrities have in common? Christian Louboutin red-soled heels, of course! Christian Louboutin’s iconic red-soled shoes have graced red carpets, Instagram feeds, and magazine covers worldwide.
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