Have we got the scoop for you, Fashion Angels! There is yet another news update concerning the Christian Louboutin vs Yves Saint Laurent “Red Sole” court case. Despite Judge Victor Marrero siding with Christian Louboutin, the tables have turned. Marrero has denied Christian Louboutin’s request for YSL’s 2011 resort collection to be blocked from sale. Looks like Yves Saint Laurent is safe at least for now.
In Marrero’s ruling that refuses the injunction, he wrote: “Because in the fashion industry colour 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.”
However, Christian Louboutin seems adamant that the red shoes Yves Saint Laurent are selling shoes with red soles that are “virtually identical” to their own. Their lawyer showed understanding over the idea of how the fashion industry cannot have restrictions on outsole colours. Still, he expressed disappointment as there is “a mountain of evidence to the contrary” and that their team will evaluate available alternatives over the coming days.
Yves Saint Laurent’s lawyer always stated that Christian Louboutin’s trademark registration should have never been issued. He showed happiness over the recent decision and went on to say, “As Judge Marrero indicated, YSL designers are artists and, like other artists, they should have the right to use the full palette of colours in designing their fashions for each season.”
Currently, Christian Louboutin’s lawyers are set to appeal over the latest verdict. On the other hand, Yves Saint Laurent are moving towards having Louboutin’s trademark cancelled. It appears as though the judge has now switched sides as he additionally stated that “Louboutin is unlikely to be able to prove that its red outsole brand is entitled to trademark protection.”
The case still continues as the judge asked for more time, with both parties due to return to court later this week. Taking the latest updates into consideration, I am glad that the judge has ruled in favour for Yves Saint Laurent. As fashion is all about expression, I don’t feel it is fair for a colour to be restricted from others. RV Dolls, what do you think? Any opinions on this ongoing case?