Loubi's trademark red-sole is under threat as a federal judge in Manhattan has denied the shoemaker's request to impede Yves Saint Laurent from selling red-soled shoes. The judge said Louboutin 'wouldn't likely be able to prove that its red soles deserve trademark protection'.
The judge also added, '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'.
The people over at YSL said that Loubi's trademark registration 'should never have been issued and can’t be enforced'. And that no designer 'should be allowed to monopolize a primary color for fashion'.
Louboutin's lacquered red- sole trademark (granted in 2008) is iconic, making his sought- after shoes instantly recognisable and famous the world over.
