Christian Louboutin has lost his court battle with luxury giant YSL over the trademarking on his signature red soles. The court ruled against him yesterday. Judge Victor Marrero said:
[…]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.
As you can imagine, Louboutin and his lawyer Harley Lewin were not impressed with the ruling. Lewin said:
While he acknowledges the fashion industry at large has recognized the Louboutin Red Sole as a trademark source indicator, he has concluded that the fashion industry needs to use colors on outsoles without restriction and this, despite a mountain of evidence to the contrary, including a recent decision by the 2nd Panel of Appeal at OAMI in the EU that concluded exactly the opposite, calling Mr. Louboutin’s adoption of the bright red outsole brilliant. We will evaluate all the alternatives available in the days to come.