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Who owns the Red Sole?
Last week my colleague Janine and I spent three days in Paris. The brands we met with were on top of the world and did not even seem to have the slightest concern about the downturn or the Euro crisis. Indeed, the luxury market in Paris seems to live in a world of its own. However, there was something ‘everyone’ was talking about – the ongoing dispute between Yves Saint Laurent and Christian Louboutin.
Christian Louboutin came up with the idea of the red sole back in the nineties when he painted the bottom of a pair of shoes with red nail polish because, as he puts it, he “felt they lacked energy". Since then, the trademarked ‘Red Sole’ has become an iconic fashion accessory, with the likes of Beyoncé, Victoria Beckham and Sex and the City’s character, Carrie Bradshaw, making the label, and its sole, a household name.
All was good and well until this spring, when Yves Saint Laurent’s collection featured a pair of red suede shoes with matching red soles. Almost immediately, Louboutin filed court papers in New York for trademark infringement arguing that “the use of red footwear outsoles that are virtually identical to plaintiff’s Red Sole Mark is likely to cause and is causing confusion, mistake and deception among the relevant purchasing public as to the origin of the infringing footwear." YSL responded that “red outsoles are a commonly used ornamental design feature in footwear, dating as far back as the red shoes worn by King Louis XIV in the 1600s and the ruby red shoes worn by Dorothy in The Wizard of Oz.”
Louboutin lost the first round, as the Judge ruled that you cannot in fact own a colour! This statement has sent shock waves not only across the fashion industry, but the consumer sector, with companies like Tiffany & Co. and Cadbury’s asserting their right to protect their very own signature shades of duck egg blue and purple. Louboutin’s counsel argued that the colour is vital to the brand’s DNA, and that infringing on its trademark would cause ‘irreparable harm’ – they have now appealed the decision.
The story is not over yet and we will have to wait and see what happens but I would love to hear what you think. Can you please tell me, who owns the red sole?
Have a soulful weekend and please, please do at least some of your Christmas shopping on your local high street and support your local stores. moira@thembsgroup.co.uk.
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