Today’s a sad day for ‘red bottom’ lovers everywhere. Christian Louboutin has lost his case against stiletto rival Yves Saint Laurent in which he sought to prevent the French designer from selling scarlet soled shoes as part of its 2011 cruise collection. The two power house brands have been battling it out in court since April with Louboutin claiming he pioneered the eye-catching sole in 1992 when he first put red nail polish on the bottom of one pair, according to the lawsuit filed in Manhattan Federal Court.
However today Judge Victor Marrero ruled against Christian Louboutin stating:
“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,”
Wow. I wonder if this ruling is going to open the door for every shoe designer, from Payless to Gucci, to paint the color of their heels red. Let the bootlegging begin.
What do you think, do you agree with the judge’s ruling? Would you purchase red bottoms from another designer?