While researching about the Lululemon vs. Calvin Klein Inc. case, I came across a similar case dealing with the trademark of Christian Louboutin heels being copied by Yves Saint Laurent. As a fan of both brands, I have noticed the similarity of their heels when YSL launched their red monochrome heels. Surprisingly, Louboutin’s patent on its trademark failed to protect them. Lawyers argued that YSL did not copy Louboutin’s design solely because the shoe was monochrome colored.
I believe the red outsole trademark should solely belong to Louboutin.
Louboutin was the first brand in the fashion industry to establish their red soles as a point of difference. As judge Marrero suggested, the red soles are only recognizable to “those in the know”. Some people may not differentiate between Zara, YSL and Louboutin’s red soled heels. This case may set a precedent for other brands to use the red outsole in coordination with other styles/colors in order to slip away from a lawsuit against Louboutin. Since red outsoles already became a symbol for women’s luxury, the brands that copy the red outsoles will become “free-riders”. They can gain benefits from setting a slightly lower price to their red soled heels to attract a wider range of consumers.
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