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24-08-2011
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I should have explicitly directed my post to advo ... Also think they should have confined themselves to going after those actually replicating their own shade of red.

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Last edited by fashionista-ta; 24-08-2011 at 08:11 PM.
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25-08-2011
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What an egotist. His shoes aren't even that great any more.

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25-08-2011
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Totally agree with LolaSvelt. I used to be a huge Louboutin fangirl but the last two collections have been weak, and this case has been embarrassing. I know a lot of it is about the publicity, but it really makes Louboutin look like a petulant child.

The way YSL have used the red soles is totally different to the way Louboutin use them. With Louboutin it's his signature, with YSL it was clearly used on a couple of select styles because it looks nice to have the same colour on the sole as the rest of the shoe. Seen it in different colours, not only red, plus that's ignoring the fact YSL have used red soles infrequently from the 1970s.

If YSL were trading on the fact they have red soles, or were using it across their collections, I would be on Louboutin's side, but it's clear YSL's use of the red sole is nothing to do with infringing on what was always a very flimsy trademark.

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27-08-2011
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I've never actually seen a pair of YSL shoes with red soles,the whole thing seems silly to me.

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27-08-2011
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Quote:
Originally Posted by rosalynn View Post
I know a lot of it is about the publicity, but it really makes Louboutin look like a petulant child.
This was the exact mental image I got while reading his 'Declaration In Support of Acquired Distinctiveness', complete with puffed out chest, pout-lip, crossed arms, foot stomping and shrill tone.
Shame, I do like two of his creations, the thigh high black suede high heel boots with no platform (altho Chanel did a much more balanced version which looked just as gorgeous) and then one model with nice straps...

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29-08-2011
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Someone who knows Louboutin is known for the red soles would also be able to distinguish YSL design from CL design - even if both shoes have red soles.
What if someone would trademark the little black dress?

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29-08-2011
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L B Dģ

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31-08-2011
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I also agree with others... Other designers used colourful soles too and did not get sued... so why so suddenly?
This is Versace FW06 for instance, every single shoe had purple sole


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31-08-2011
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And entire Versace SS08 collection had red soles too... isn't this Lou's patent too? if yes, why didnt they sue them back then?


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31-08-2011
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^ I guess we can assume it's because Versace's soles weren't red they were purple and to me SS08 looks more orange (could be the lighting). YSL had blue once and Loub didn't say anything about that. It's all about the red.

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31-08-2011
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I noticed in Cesare Paciotti's fall campaign that they suddenly have a red sole with a black print (looks quite odd). Possibly the black print says Christian Louboutin threatened us with a big bad lawsuit if you get close enough to read it And Ferragamo has a b&w houndstooth on their soles. Where will it all end

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03-09-2011
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Quote:
Originally Posted by Zarina View Post
Someone who knows Louboutin is known for the red soles would also be able to distinguish YSL design from CL design - even if both shoes have red soles.
What if someone would trademark the little black dress?
Exactly.
Might as well trademark "The New Look" too.

This entire situation sounds like a petty kid who wants his candy back.

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04-09-2011
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Definitely, and it's embarrassing and disillusioning people like me who actually like Louboutins (admittedly not the last two seasons...)

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04-09-2011
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Quote:
Originally Posted by neonsprinkles View Post
Exactly.
Might as well trademark "The New Look" too.

This entire situation sounds like a petty kid who wants his candy back.
His red candy ...

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05-01-2012
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Quote:
For those of us wishing for a peaceful New Year, both sides of the Louboutin versus Yves Saint Laurent case of the red soles have other ideas.

YSL has hired 11 law professors who teach, research and write about trademark law to defend their side.

The professors filed a brief with the Federal Court of Appeals for the Second Circuit on Tuesday saying Louboutin's arguments to protect his use of a single colour - red - in fashion "should be rejected in order to preserve freedom of innovation and competition."

According to WWD , the professors said Louboutin's side argued against the doctrine of "aesthetic functionality" which prevents companies from using "trademark as a kind of back door to perpetual patent-like protection for attractive but non-novel product features.Ö[If] the relevant consumers want a product feature because it is especially attractive, then that feature is not a proper subject of monopolisation by a single producer - unless it meets the demanding novelty requirement of design patent."

The legal experts went on: "A woman who buys red shoes is doing so for a reason - red shoes have a particular meaning to her, and to others, that cannot be supplied or even approximated by shoes of a different colour. Given the substantial creativity involved in both fashion design and fashion consumption, courts should not lightly allow one particular competitor to monopolise particular fashion submarket."

Louboutin and YSL have been embroiled in a legal battle over trademark infringement since last spring. Louboutin has made shoes with scarlet soles since 1992 when the designer saw an assistant painting her nails red.

On April 8th, Louboutin accused YSL of selling shoes with red soles, as part of their resort 2011 collection, that were "virtually identical" to his own, according to a suit filed in federal court in Manhattan. It sought a court injunction against the sale of the shoes and damages of at least $1 million.

Louboutin lost the first round in August when a judge ruled:

"Because in the fashion industry colour 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 case continues.
telegraph.co.uk

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