YSL Wins the Battle for Its Sole
Aug 10, 2011 - by Jessica Lapidos
In a legal battle for the sole, YSL has won the heart of it. Judge Victor Marrero has ruled that Christian Louboutin has no legal hold over the "trademark" red sole of his shoes. C'mon Loub, suing YSL for a red shoe with a red sole? That was crass. I'm glad that's over with. Rather, please let this be over.
"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, even if it has gained enough public recognition in the market to have acquired secondary meaning," declared Judge Marrero in his ruling.
The Judge further backs up his conclusion by insightfully bringing Monet and Picasso into this mess.
According to WWD, "Marrero posed a hypothetical lawsuit in which Pablo Picasso attempts to prevent Claude Monet from displaying or selling his water lilies painting because it uses an indigo too close to 'the color of melancholy' that defined Picassos Blue Period."
Sweet vindication for YSL! Their attorney David Bernstein affirms, YSL is thrilled that Judge Marrero agreed with us that no designer should be allowed to hold a monopoly on a primary color for an article of apparel.
Meanwhile, Christian Louboutin's attorney Harley Lewen is miffed. I think the court is completely wrong. The court essentially indicated that it does not believe that a single color can be a trademark in the fashion industry. Were disheartened.
And there you have it folks. This ring of the circus has taken a bow. Now, which French fashion house is due in court next?