Christian Louboutin sues Yves Saint Laurent over shoe soles *Update* Loses

[advo]

^The judge sided with CL by dismissing YSL' "evidence". The newest update is about the preliminary injunction that CL asked for, which the judge has denied.

 

[fashionista-ta]

I consider this fantastic news. I find the private detective snooping into Dior's plans for future collections really unsavory, and the whole legal strategy extremely aggressive a la Monsanto (that is not a compliment ).

LabelBasher, it's not over yet, but whoever wrote the first story clearly overplayed their hand. You win some and you lose some while the case is being heard, but we still don't have a final verdict. The judge has certainly opened a window into his current thinking, however ...

 

[advo]

UPDATE:

Christian Louboutin to Appeal the Judge’s Decision in the YSL Red Sole Case

Christian Louboutin's lawyers are in the process of appealing Judge Victor Marrero's decision to deny a preliminary injunction against YSL for selling red-soled shoes, WWD reports. Meanwhile, YSL's lawyers are moving to have Louboutin's trademark cancelled entirely, a step that Judge Marrero implied they should take, stating in his ruling that "Louboutin is unlikely to be able to prove that its red outsole brand is entitled to trademark protection."

YSL's attorney, David Bernstein of Debevoise & Plimpton LLP, told us last week that they are pursuing a summary judgment, which would allow them to have the trademark registration cancelled without even going to trial. "The judge made it clear that the court is open to this," said Bernstein over the phone. He's also pursuing counter-claims against Louboutin for damaging YSL's sales. "He used his market power to induce stores to refuse to sell our red shoes, which caused great harm to our collection this year," he said.

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[Label Basher]

Again at the end of the day everyone knows that red soles are CL. Why would YSL or any of the other brands want there products ID as CL cause this is what will happen in magazine and on blogs. There are plenty more colours in the rainbow. Versace did blue remember.

 

[rayoflight]

Weeeell, if one takes time to look at the Ysl shoes - they don't remind of CL at all. Not the style, nor color are remotely similar. Ysl also had other shoes in same collection in different colors with matching soles, if I'm not mistaken.
As for Versace, they had colored soles in 2008 (and beyond) as well, and their's were orange AND still managed to draw attention from CL.
Either way, personally find the trademark claim too vague, at least a color code should be included of the "nail polish red" CL wants to protect:

http://www.counterfeitchic.com/Images/Louboutin red sole in TM Official Gazette 7-10-07.pdf

Btw, on side one, has Lanvin trademarked their Blue?

 

[fashionista-ta]

^ I think they want it vague. If they can't just lose altogether (my first choice), I think the trademark should be nailed down to the exact Pantone shade they use (and maybe a couple on either side or something).

 

[advo]

Like the judge I thought it was ridiculous that CL was granted the trademark to begin with. If CL is granted a trademark for red soles, what will stop other designers from trademarking other colours? So my preference is definitely a cancellation of the trademark, and if that fails, then the trademark needs to be more specific. IMO, vague trademarks (and patents) actual work in a completely contrary way then what it's intended for.

 

[Label Basher]

This whole thing is starting to do my head in. I just wish they would settle this privately. It's turning ugly.

 

[advo]

^You're right about that...

The Louboutin Case Goes Back to Court on Friday

As promised, Christian Louboutin's lawyer is fighting tooth and nail against YSL's push to have the red-sole trademark canceled entirely. After Judge Victor Marrero ruled in favor of YSL's right to create and sell red-soled shoes last Wednesday, YSL's lawyer David Bernstein said that he would pursue a summary judgement to repeal Louboutin's trademark. He'll face Louboutin's lawyer Harley Lewin before Judge Marrero again on Friday to argue whether the motion can continue.

Judge Marrero will mostly likely side with YSL again. In his initial ruling last week, he stated that "Louboutin is unlikely to be able to prove that its red outsole brand is entitled to trademark protection," since "in the fashion industry color serves ornamental and aesthetic functions vital to robust competition." He also would have anticipated YSL's move cancel the trademark, as it's a logical next step from his decision to deny Louboutin's injunction.

What's also clear is that Louboutin's lawyer will "fight like hell," as Lewin stated himself. He's already appealed the judge's ruling, and vowed to appeal any forthcoming decisions endangering the trademark.

Susan Scafidi, director of Fordham University’s Fashion Law Institute, tells WWD:
Louboutin’s nightmare is that every fast-fashion retailer will begin stirring up vats of red dye because it believes the trademark is officially canceled or is about to be ... Louboutin stands to lose so much. This is identity theft for him. Those red soles are almost as recognizable as his name.

But retail consultant Hana Ben-Shabat presents a valid counterpoint:
At the end of the day, what makes a Louboutin a Louboutin is the fact that the shoes are beautifully made and beautifully crafted. And those who want to be associated with the brand want to be a part of that.

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I think CL is being outrageously stupid. Since when did his shoes become more about the sole than the actual shoe design? High end designers would never intentionally copy the red sole for the sake of it - like YSL didn't either. High street might do the red sole, but without the design, it's just an ugly shoe with a red sole, so who cares? Unless CL believes consumers buy shoes for the red sole over the actual design Alternatively, they will knock off the shoe design AND the red sole, in which case, they can still sue! Finally, there's the knock off companies, who has NEVER respected intellectual property to begin with so the point is completely moot. (And can still be sued!)

 

[softgrey]

well--- not surprised at the outcome...
also not surprised that louboutin is fighting it...

it's not so much a trademark as it is a 'signature'...
but it is definitely the thing that attracts a lot of people to his footwear...

personally-
my first pair of louboutins was many years ago when he was first starting and no one knew who he was- including me...
and i found a pair on sale at the end of the season at barney's...
i had no idea about the brand, etc...
but i LOVED the red sole...
and the cut and how comfortable they were as well...

but - for sure - it was the red sole that first drew me in...
and it is also probably what made me buy them in the end...

so -- i completely get why he's fighting...
but he's never gonna win!!!...

 

[Amillion]

LOL the law firm I work at is representing YSL.

I'm wondering if Louboutin could have trademarked red soles and not the color red. YSL is also arguing that they have used red soles in a smaller collection back in the 1970s.

 

[advo]

^What's the difference between trademarking red soles and soles that are red? Even if YSL hasn't used red soles before, there are other designers/shoe makers which should already be enough to prove that CL was not the first to come up with the concept. And that's not really the most important point imo, what's important is to prove that the trademark is too vague for that industry in particular. Basically, CL is arguing that he has the right to red soles because he decided to make it his "signature" but it is so beyond me how he was granted it in the first place!

 

[rayoflight]

^ Bribed the trademarks office?

 

[fashionista-ta]

If you look at the trademark document that someone linked to earlier, red soles is what they trademarked--there's a color sketch. It also appears to be a French document

 

[rayoflight]

I know, I posted it. On Wikipedia there is actually a copy of the trademark claim declaration, in References, 1st entry. It's kinda entertaining to read, actually. But it also does make a bit sense why Louboutin got the TM in first place (to me at least), they went for an acquired distinctiveness trademark for the soles. So there is a chance YSL might not get a court to rule the Louboutin invalid. Remains to be seen.

 

[fashionista-ta]

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.

 

[LolaSvelt]

What an egotist. His shoes aren't even that great any more.

 

[rosalynn]

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.

 

[Margaret24]

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

 

[rayoflight]

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...