If say you that one of the most desired by women colors is the Registration No. 902955, Pantone 18. 1663TP, class 25 Surely you wouldn’t say much. If we take it to practice, is the exact color of a sole of Christian Louboutin.
The first time we saw a red sole was in 1993 when, without knowing it, the designer had launched into the market not a style, but an icon for footwear. Copied to the absolute limits, Louboutin has resorted to justice (we saw it more than one month ago) now has a dispute in Manhattan Federal Court against Yves Saint Laurent y Carmen Steffens by the use of the Red sole.
Neither Christian nor YSL have said so far nothing, but Mark Willingham, Carmen Steffens U.S. operations President stated that red can be used as any other color:
“ over the years, we have incorporated nearly all imaginable colours on the soles of our shoes, including several shades of red. It is part of the DNA of our brand & #8221;.
The dilemma is in How to protect a firm. Christian Louboutin It has the Red sole your personal seal. And if the rest of shoe designers are beginning to use the same color? Even more, as the Fuchsia soles of Mascaro?
Lawyer specializing in patent Marks & Clerk Michael Shaw is quite clear, Louboutin needs to prove that “ that color has acquired distinctive character ”. An example that we can recognize all the blue boxes from Tiffany & Co. Unique color is perfect, and that is incredibly easy to recognize. (Tous, for example, it is launching is dangerously that color in their recent packagings).
Can the color function as mark? Honestly, I think Yes. Now, I’m not in the judgment. You will have to demonstrate by Louboutin is that the Red sole really represents the signature, and that it may confuse the consumer. Meanwhile, a 16-year-old boy sells markers stickers for the soles to the price of 16 dollars to have your own cult shoes.