Remember earlier this year when Christian Louboutin lost its case against fellow luxe designer YSL in the battle of the red soles? Well the battle is far from over. Seems like the judge’s decision to rule against Louboutin stating that “in the fashion industry, people shouldn’t own a trademark that consists of a single color regardless of its use and regardless of the fact the trademark has achieved trademark status with the public,” has made famed jewelry brand Tiffany & Co. very nervous. Why? Well because just like Christian Louboutin is known for its distinctive red sole, Tiffany is known for its distinctive robin’s egg blue box, and if Louboutin’s signature is unprotected then theirs could be next.
Tiffany’s has filed an “amicus curiae” brief focusing on the ability to trademark a color, supporting Christian Louboutin’s appeal to “reverse an earlier decision that denied the brand a preliminary injunction” and seeks to back Louboutin in its fight against YSL. Looks like this beef between the luxury brands will go on for awhile and we might just see a few other companies join the mix to protect their products as well. This could get interesting folks.