Court Rules Louboutin’s Red Soles are Fashion, not a Trademark

The red-sole treatment was born more out of accident than design. One afternoon, a prototype Louboutin was working on just didn't

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Louboutin ignores that YSL has been selling shoes with red outsoles for many years, in amounts greater than in the Cruise season, and that such prior sales have not resulted in a single instance of consumer confusion or other harm. Louboutin also ignores that dozens of other fashion designers also make shoes with red outsoles and have done so for years.

These years of peaceful co-existence belie any argument that Louboutin will suffer irreparable harm if YSL continues to sell shoes with red outsoles, as it has done for years. Louboutin amazingly argues in its reply brief that color is not aesthetically functional in the case of shoe soles.

It further states that YSL should just pick a different shade of red if it wants to make all red shoes. Louboutin owns its particular shade of red for a shoe sole and no else can use it. Louboutin also argued that if an injunction is not issued the floodgates will open to competitors.

Presumably this will result in the non-rich and famous being able to purchase shoes with red soles. Technology Hexalite 4 Flexweave New Motion Sense technology ensures you feel comfortably supported each step of the way. Go on, set your day in motion. Read on to get inspired and learn how you can create real change in the world.

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