Louboutin wins case to protect red sole
06/09/2012
The court of appeals overturned an earlier decision by a lower court that a colour could not be patented in the fashion industry.
The case came to court when Louboutin tried to prevent rival YSL from using a red monochromatic shoe design, using a red sole on a red shoe. The court ruled in Louboutin’s favour where only the sole was red, but said that red soles were permissible where the whole shoe was the same colour.
Both sides have claimed a victory – YSL saying the shoes it was making did not infringe any trademark rights, and Louboutin pleased that the judges declared the sole to be "a distinctive symbol that qualifies for trademark protection”.
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