COURT REJECTS LOUBOUTIN’S RED SOLE CLAIMS

I was curious as to what was to become of the "red soles". Round One: Christian Louboutin lost on an injunction that would have prevented rival brand Yves Saint Laurent from selling women’s shoes that Louboutin claims are copies of its trademarked red-sole footwear. Louboutin, which uses the red soles on all its footwear, introduced the red sole in 1992, and received a trademark for them from the U.S. Patent and Trademark Office in 2008.
Saying that color for fashion,” Judge Marrero’s ruling “just reaffirms that no designer should be allowed to monopolize a primary David Bernstein, Yves Saint Laurent’s attorney, told Bloomberg News: “This is a trademark registration that never should have been issued and can’t be enforced.”
Judge Marrero ordered both parties to appear in U.S. federal court on August 17th.
Bernstein says he plans ask the judge to dismiss the claims against YSL and cancel Louboutin’s trademark registration. YSL maintains that it sold red soled shoes back in the 1970's and that Louboutin did not invent the idea of red-lacquered soles, citing "the red shoes worn by King Louis XIV in the 1600s." According to court documents, Louboutin’s red-sole high-heels, which were features on "Sex in the City," were created when designer Christian Louboutin painted red nail polish of the soles of a pair of women’s shoes.
Stay tuned for Round Two:

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