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You CAN trademark a color!

– Posted in: Christian Louboutin red soles red suede shoes trademarks Yves Saint Laurent

It’s Official – Yves Saint Laurent has thrown in the towel and the courts have spoken.  Remember last fall when YSL produced a red suede shoe yves saint laurent red suede with red sole with a red sole. 

The idea of someone copying his trademark sole color made Christian Louboutin see RED, and he immediately filed suit against YSL to stop infringing on his color and his sales.  Christian Louboutin Bambou

A  Federal Appeals Court has ruled that yes, Christian Louboutin could trademark his color.  There was a caveat.   Anyone can make a red shoe with a matching red sole – a style issue rather than an infringement. 

So, do you think they both won?  Doesn’t matter, YSL says they are moving on from the controversy.  Dropping their countersuits, including the one against Mr. Louboutin for calling certain supplies and asking them not to sell the YSL shoe.  (Basically, it  last year’s shoe.)

Do you think the extra publicity helped or hurt YSL sales?  AND, which shoe do you like the best.  I like the Louboutin the best.  The heel says it all.

14 Comments… add one

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14 comments… add one
Mrs. Wilson October 20, 2012, 12:51 am

I like both but the “red bottoms” lol…,.(I really hate that term) wins hands down.

ShoeGirl October 20, 2012, 2:38 pm

Haven’t heard much about YSL in years until this controversy. They always say any publicity is GOOD publicity. Maybe that is why the shoes and sole were copied. AND, this time the copy isn’t as good as the original.

Heel Shields October 20, 2012, 4:33 pm

What an interesting point of view.

GloriaConstantas October 21, 2012, 1:46 pm

I would never wear a shoe with heels this high. However, if the shoe were made of chocolate, or maybe red velvet cake, I would be happy to consume it!

Heel Shields October 21, 2012, 2:04 pm

LOL

Gladys Diaz October 21, 2012, 9:03 pm

To me, this ruling speaks to the power of branding! Those of us who are entrepreneurs want to be top-of-mind when it comes to our products and services. Loubotin has demonstrated the power a brand can have when there is good marketing, quality, and the power of exclusivity (not everyone can afford them, but almost every woman wants them!). Great post, Krystal! 🙂

Heel Shields October 21, 2012, 10:03 pm

What a great comment. Gladys – YOU ROCK!

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Louise October 22, 2012, 5:53 pm

I prefer the Louboutin shoe. As for this whole case, I think YSL probably didn’t care about the negative publicity. It’s unethical in a way, but you can’t stop someone from creating an entire red shoe…IMO a red shoe just isn’t unique enough. It’s like painting a lightbulb red, selling it and then coming down on anyone else who does the same. Louboutin would have had to put some signature element on the shoe to make it more unique – like the Nike swoosh.

Heel Shields October 22, 2012, 6:17 pm

You are so right and the courts agreed a completely red shoe is generic

Kcraw October 31, 2012, 6:42 pm

Mmmmm I wonder how long it takes to get a trademark. I have an great idea for a new product.

Heel Shields October 31, 2012, 8:35 pm

The Trademark is the easy part. Good luck with your product idea.

ParPam October 31, 2012, 8:14 pm

Still saving up for my first pair – hoping they come in an eleven. If they don’t, then I can buy an entire shoe wardrobe with the money I save for the Louboutins.

Heel Shields October 31, 2012, 8:33 pm

Then you want to hope they come in size twelve. I normally wear a size 10 and I need an 11 in Louboutin’s. I think the manufacturers are starting to realize that a lot of us don’t have petite feet.

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