Looks like Christian Louboutin no longer has the market cornered for red soled shoes. A Manhattan federal judge today ruled against a preliminary injunction brought about by Christian Louboutin to keep YSL from selling red-soled shoes in its 2011 cruise collection.
Judge Victor Marrero made the following comment in the ruling made this morning:
“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.”
Christian Louboutin’s attorney Harley Lewin contributed the following:
“I think the court is completely wrong. The court essentially indicated that it does not believe that a single color can be a trademark in the fashion industry. We’re disheartened.”
Sky’s the limit now I’m afraid. Who’ll be next and what do you think about red soles being an open playground for designers? We feel it’s a bit sad. An end of an era really.