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11-04-2011
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Quote:
Originally Posted by Hermes1922 View Post
i can understand where this can create a brand confusion and the and is something that is trademarked by louboutin
exactly, readers should note that in the US, Louboutin was granted the red sole as a trademark and therefore he has the right to exercise this trademark when a competitive luxury brand produces goods of a similar nature.

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11-04-2011
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Quote:
Originally Posted by Ives927 View Post
You really cannot compare a logo to a signature style. I think it is rather arrogant of them to sue YSL because they heels with red soles. It's not like they were they only ones in the world to ever have red soles, they simply made it their signature. Logos are original designs, a red sole is not. Chanel is known for their tweed, now do you see them going around suing people for using tweed? I understand if they trademarked it, but at the end of the day, it's a damn colored sole! Just because others are creating designs that happen to be your trademarked signature, does not mean they are stealing your idea. All they want is money.
So how can you logically argue with that trademark? The Louboutin red sole is not a signature style, it is an integral and iconic design element that is synonymous with Christian Louboutin, to the point that you can spot it from down the street and know (or at least assume) that the wearer has Louboutins on her feet. If that doesn't define the essence of what a logo is I really don't know what does. Frankly Louboutin was smart to take steps to protect it from being used by other designers because that red sole is as much of a status symbol as the shoe itself.

And of course Chanel doesn't do anything about people using tweed because they have no patent, no trademark and no copyright on tweed. Now Chanel's double-C logo on the other hand will get you into some hot water if you duplicate it, because it belongs to them legally.

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Last edited by Spike413; 11-04-2011 at 01:01 AM.
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11-04-2011
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It seems logic to me because if YSL wanted red soles why they didn't collaborate with Louboutin like many others do?

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Last edited by user.n.; 11-04-2011 at 02:29 AM.
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11-04-2011
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In other news ...

Leprechauns sue the Jolly Green Giant, Scotland files multiple lawsuits against plaid-wearing fashionistas, and the New York Yankees organization sues every businessman in a pin-striped suit across the world.

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11-04-2011
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Wait so because Louboutin trademarked the red sole that means no other designers in the world can use a red sole? If they were using it on every single shoe, I'd understand their argument, but if it was only one one design then it seems extremely petty and the whole thing is beyond trivial.

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11-04-2011
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IMO, CL shouldn't have even been allowed to trademark it in the first place. It's just a sole colour and red soles have been used lots before him.

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11-04-2011
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Quote:
Originally Posted by Spike413 View Post
The Louboutin red sole is not a signature style, it is an integral and iconic design element that is synonymous with Christian Louboutin, to the point that you can spot it from down the street and know (or at least assume) that the wearer has Louboutins on her feet.
Christian Louboutin's inluence on the fashion world has been present for far too little time for it to become a Louboutin trademark. Suing over one red sole, on one shoe, is too ridiculous to be taken seriously.

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12-04-2011
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Quote:
Originally Posted by Spike413 View Post
Not for anything but how is Louboutin suing over the use of a red shoe sole, which he has trademarked, any different than if YSL turned around a sued another brand for using their logo? Why is it laughable that Louboutin would sue over something that is his signature, that make his shoes instantly recognizable the same way interlocking Gs or the double C make Gucci and Chanel products instantly recognizable. That red sole is his logo.
I totally agree and I'm confused that people think he's being ridiculous. Even people who aren't major fashion followers like us know red soles are Louboutin. My mum even knows red soles means Louboutin. It's his trademark. YSL is YSL. People who buy YSL want YSL. People who buy Louboutin want Louboutin.

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12-04-2011
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Regardless of whether people think about Laboutin "deserves" control over who uses the red sole is totally irrelevant to this argument. The point is Christian Laboutin has been granted the patent by the government and has the right to sue anyone else using it.

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12-04-2011
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Well .. whatever the outcome of this lawsuit may be .. it will set a precedent ...

*gets some popcorn*

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12-04-2011
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^ And I really hope Louboutin loses this one.

Frankly, nearly every pair of designer shoes I buy gets knocked off--and I don't like it. Why in the world can't he go after someone who's actually trying to knock him off?

I haven't seen the YSL shoes, but the idea sounds witty ... that is not the behavior in the world of fashion that needs to be punished.

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13-04-2011
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Quote:
Originally Posted by Acid View Post
exactly, readers should note that in the US, Louboutin was granted the red sole as a trademark and therefore he has the right to exercise this trademark when a competitive luxury brand produces goods of a similar nature.
I see someone has been paying attention in class!

to be honest, in my opinion, YSL isn't using the red sole to present a product that is any way pretending or trying to be a CL shoe - obviously, as someone else said, YSL has a pretty strong shoe line. It was for the design integrity (ie a shoe that was red all over and the effect not broken by the sole color). I'm not sure if that would sway the suit in any way.

I agree with Tata - no one buying these YSL shoes would get them instead of Louboutin because they were confused in anyway - it's not intended to be a knock-off product and so many cheap brands DO knock off the red sole to create imitations - why not go after them?!

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14-04-2011
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Front page on tFS today: Christian Louboutin Sues Over Some Soles (Forum Buzz)

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14-04-2011
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Really, we're going to start trademarking colors? Pantone will be thrilled!

Just saw this comment on WWD..


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15-04-2011
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Quote:
Originally Posted by StoneSkipper View Post
Christian Louboutin's inluence on the fashion world has been present for far too little time for it to become a Louboutin trademark. Suing over one red sole, on one shoe, is too ridiculous to be taken seriously.
Really? Because I'm pretty sure that Louboutin's shoes are famous enough by now that even people who don't follow fashion know how to spot a Louboutin, and I'd be willing to bet it's not because of the hidden platforms he favors so much. If that doesn't speak to his reach and influence inside of fashion and outside of it I really don't know what does.

But in the end that's all irrelevant. Clearly someone somewhere felt his red soles distinct enough to award him the legal right to call it his own and protect others from using it. He's exercising his right.

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