Christian Louboutin shoes, aka “red bottoms” are the shoes to wear when you want to impress. The vampy red sole — a registered trademark of the Paris-based designer — is the ultimate status symbol, given that the couture shoes can cost upwards of $1,000.
Thus, in March, when luxe brand Yves Saint Laurent debuted its Palais Pump” and “Palais Slingback,” with matching red soles, Louboutin filed a trademark infringement lawsuit.
Harvey I. Lewin of McCarter & English noted in the lawsuit that the Yves Saint Laurent shoe was “virtually identical” to the Louboutin trademark, adding that the shoes are so famous that they were often a part of the wardrobe for lead characters in the “Sex and the City” franchise.
Surely Yves Saint Laurent should have been red-faced about the trademark snatch, but not so fast.
Despite the fact that Louboutin trademarked his red bottom sole in 2008, a Manhattan Federal judge rejected a permanent injunction against Yves Saint Laurent that would have prevented the couture designer from selling red bottom designs in its 2011 collection.
Louboutin lost the suit because he couldn’t prove the red sole was his exclusively French couturier from selling scarlet-soled shoes as part of its 2011 cruise collection.
The judge made it clear that even though Louboutin had trademarked the red sole in 2008, he’d have trouble proving that the vivid red soles were legally his and his alone to use.
“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,” wrote Judge Victor Marrero in his ruling.
As for the origin of the red bottom sole, Louboutin says that back in 1992 he began using red nail lacquer on the bottom of his shoes.
Louboutin’s lawyer called the decision “wrong” and said that he was “disheartened” by it.
Fans of red bottoms can expect to see them popping up everywhere … perhaps even Payless.
