The secret behind the red sole.

     Christian Louboutin is a French fashion designer that is best known for his red-laqured sole of his magnificent heels. Women from all over the world use his shoes as a stable of both fashion and status. Starting off as just a young designer, working for various top couture houses in Paris, he later began his own company taking to the fashion industry very well. Louboutin has recently been known for the trademark he has placed on his red sole causing what seems to be much controversy.

     In an a statement to ABC New Louboutin proclaimed that they were “extremely pleased and gratified that the Appellate Court found our key arguments to be correct: first that color can and does serve as a trademark in the fashion industry, and that Christian Louboutin’s world famous Red Sole trademark is valid, protectable and enforceable.” (http://abcnews.go.com/Business/louboutin-entitled-protect-signature-red-sole-court-rules/story?id=17163269)

     This case is fascinating in that Louboutin is not the only designer to have trademarked a color, Tiffany’s has done the same. Our question to you is, do you think this should be allowed or does it just cause more problems then it solves?

Fast Facts:

• The first soles of a pair of Louboutin shoes were painted with red nail polish in 1992
• Louboutin sells more than 650,000 pairs of these shoes per year
• They’re a status symbol, made popular on the show Sex and the City and worn by A-list celebrities
• The 2nd US Court Circuit of Appeals in Manhattan protected the red sole as Christian Louboutin’s trademark in 2012
• It was not infringement if and only if another designer’s shoe was red and has a red sole. If the shoe was not red with a red sole, it was considered infringing on the trademark. For example: Yves Saint Laurent’s shoes.
• However, as of 2018, The European Court of Justice is not sure if they are going to continue to recognize the red sole as Louboutin’s trademark
• If their trademark is seen as invalid, they will not be able to stop other designers from using the red sole

 

© Joan Stern 2015 – Women at New York Fashion Week show off the iconic red sole as they line up to walk in Christian Louboutin’s show.

There are many ethical issues that must be discussed when a color is claimed or trademarked. Many companies have colors trademarked for their logo or brand such as Starbucks, McDonalds, Tiffany, and few more. But Louboutin’s take this to another level. These shoes are trademarked in color by the actual product. This really puts a restraint on for other shoe companies and designers. Many issues arise from this because there are so many shoes made by different designers that have similar aspects, whether it is the shape, height, or color. Red is quite a common color for striking shoes, so for these shoes to be trademarked on the color red on the bottom of the shoe has caused many issues. “A trademark combining colour and shape may be refused or declared invalid on the grounds set out under EU trademark law,” this is stated by the ECJ in a discussion on the debated red soles. These shoes can still be a Louboutin speciality without being trademarked.

Here are some websites that are related to the topic and are relevant:

1. Louboutin Entitled to Protect Signature Red Sole, Court Rules http://abcnews.go.com/Business/louboutin-entitled-protect-signature-red-sole-court-rules/story?id=17163269

2. Shoe Designer Can Protect Its ‘Pop’ of Red, Court Says http://www.nytimes.com/2012/09/06/nyregion/court-rules-louboutin-can-enforce-a-trademark-on-its-red-outsoles.html

3. Cases of Interest: Christian Louboutin v. Yves St. Laurent http://www.thefashionlaw.com/learn/christian-louboutin-v-yves-saint-laurent

4. Why Louboutin’s Red Sole Drama Just Won’t Quit https://www.refinery29.com/2015/05/87274/louboutin-red-sole-lawsuit