christian louboutin's request for a preliminary injunction to prevent YSL from selling red soled shoes has been denied by judge victor marrero. he wrote in his ruling:
because in the fashion industry color serves ornamental & aesthetic functions vital to robust competition, the court finds that louboutin is unlikely to be able to prove that its red outsold brand is entitled to trademark protection, even if it has gained enough public recognition in the market to have acquired secondary meaning.
lawyers for both sides commented on the ruling. YSL's lawyer, david bernstein of debevoise & plimpton llp said, "we're gratified that judge marrero has agreed with YSL that no designer should be allowed to monopolize a single color for an article of apparel. as judge marrero indicated, YSL designers are artists &, like other artists, they should have the right to use the full palette of colors in designing their fashions for each season. as YSL has noted from the start, this is a trademark registration that never should have issued, & we are pleased that judge marrero has agreed that the registration likely should be cancelled." harley lewin of mccarter & english llp who represented louboutin stated, "we are profoundly disappointed in judge marrero's decision. although we are still studying it, it appears he has decided that in the fashion industry, one color should not serve as a trademark. while he acknowledges the fashion industry at large has recognized his louboutin red sole as a trademark source indicator, he has concluded that the fashion industry needs to use colors on outsoles without restriction & this, despite a mountain of evidence to the contrary, including a recent decision by the 2nd panel of appeal at OAMI in the EU that conclude exactly the opposite, calling mr. louboutin's adoption of the bright red outsold brilliant. we will evaluate all the alternatives available in the days to come."
i have to say, i definitely side with YSL....it's a bit ridiculous to think that one owns the right to a color. i can understand that it has become a louboutin signature, but ownership of the color red is going a bit far, even if it's just for the soles of shoes - it sets a precedent that could turn into a nightmare.
