Christian Louboutin will not be able to use the red soles exclusively, even though he presented them for the first time. A federal judge denied his right to sue YSL over using the red soles, motivating that it would be unlikely that Louboutin would be able to prove that its own ever-present red soles are suited for a trademark protection, Fox News reports.
Earlier this year, Christian Louboutin has filed a lawsuit against Yves Saint Laurent (YSL) in order to halt the production of the fashion house’s red sole shoes. He came up with strong arguments, explaining how some of the shoes in the Yves Saint Laurent collection feature soles in different shades of red and this entitles the Louboutin house to sue YSL. Louboutin has gained an award offered by the US Patent and Trademark Office for his invention in 2008.
While the process was pending, Louboutin tried a preliminary injunction in order to prevent YSL from selling the shoes, but Judge Victor Marreo did not see him winning the case, so, as a result, he denied the injunction. He issued a 30-page ruling in which he gave YSL permission to sell as much red-sole shoes as the house wants and more than that, he challenged the entire basis of Louboutin’s 2008 trademark. Marreo gave several reasons for which he denied a lawsuit to Louboutin. “Louboutin’s claim would cast a red cloud over the whole industry, cramping what other designers could do, while allowing Louboutin to paint with a full palette”, one of his motivations was. So, the shade of red that Louboutin obtained sole trademark for (which, by the way, is the Pantone-18 Chinese Red shade) cannot be used only by him. “Whatever commercial purposes may support extending trademark protection to a single color for industrial goods do not easily fit the unique characteristics and needs — the creativity, aesthetics, taste, and seasonal change — that define production of articles of fashion”, the judge added.