For nearly one year, Christian Louboutin and Yves Saint Laurent have been in and out of court over YSL’s red soled pump, part of its pre-spring/summer 2011-12 collection. After multiple appeals, Louboutin’s final plea against the YSL pumps occurred on January 25th in Manhattan, and has yet to reach a final verdict. Read the full details of their legal battle.
I empathize most with Louboutin’s concern for his brand. He has built not only such a recognizable brand, but one that is the epitome of luxury shoes. Rip-off products are going concern multiple luxury brands, most notably Louis Vuitton and Chanel handbags. A brand has to be overly strict with its accuracy and exclusivity. Brand damage truly is a slippery slope.
Yet, where do you draw the line with trademark law so as not to restrict the creative freedom of designers? The Michael Kors Hamilton bag looks eerily similar to an Hermes Birkin, for about one percent of the price. Tiffany & Co. has successfully trademarked their signature blue.
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Courtney Kos – Image via telegraph.co.uk
First of all, Louboutin does not have the exclusivity on red soled shoes. Could you imagine if someone tried to patent black soles? Yes, seeing the red sole of the shoe lets OTHER people know that the wearer is rich enough to put down $800+ on a pair of shoes. It is hardly a design feature that is being copied, its a colour!!!
Much ado about nothing really.