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YSL Gets to Keep their Red Bottom Shoe

There has been a minor fashion war between YSL and Louboutin if you havent heard! Earlier this year YSL decided to create a few pairs of shoes for their spring collection, all of them were completely solid colored including the bottom of the shoe. One of those shoes happened to be fully red, which meant that it included a red bottom (see picture above). As we all know, Red Bottoms are the signature for all of Louboutins shoes. When he heard that YSL had created the shoe he decided to file an injunction against YSL for creating a red bottomed shoe that he believes deserves a trademark since Louboutin has created such public awareness of the companies signature red soles on their shoes.

On Wednesday the judge that was handling the case decided to rule in favor of YSL for the preliminary injunction stating that Louboutin would have a hard time proving why his shoes deserve trademark protection. It would be incredibly difficult to trademark a color.

Judge Victor Marrero had this to say: ”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.”

I wonder if this will open the door for everyone to now sell red soled shoes without fear of any reprocussions. Louboutin may have just hurt his brand more than helped it  by being too paranoid. We will have to see…

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