Christian Louboutin is seeing red, and not just on the soles of his shoes.
The designer was ruled against in an American controversy,
where the eponymous shoe brand requested to stop the sales of red-soled shoes
made by French rival Yves Saint Laurent.
The judge said Louboutin wouldn't likely be able to prove that its own
ever-present red soles deserve trademark protection.
Louboutin filed suit in federal court in Manhattan earlier this year alleging
some YSL shoes featured soles in shades of red that were the same or
similar to its own, which are protected by a 2008 award from the U.S. Patent and
Trademark Office.
Louboutin sought a preliminary injunction to prevent PPR SA's YSL from selling
the shoes while the suit is pending. The judge, however, concluded
that Louboutin isn't likely to win its central claim and denied the injunction
as a result.
"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," Judge Victor Marrero wrote in his opinion. | |
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