A New York District Court recently ruled against Christian Louboutin ( louboutin court opinion.pdf), holding that Louboutin's iconic red soles do not deserve trademark protection. Louboutin wasted no time in appealing the court's decision.
In denying Louboutin's request for a preliminary injunction, the court questioned whether single colors should be able to be protected as a trademark in the fashion industry. Allowing Louboutin to trademark the single color red on the soles of heels, the court argued, would not only hinder competition in the fashion industry but would also lead to a fashion war among high fashion, luxury women footwear designers in a race to protect colors.
Given that trademark law was enacted to protect consumers, the real issue is whether Yves Saint Laurent's use of red soles causes consumer confusion. With Louboutin's red soles being featured in movies, television shows, runways, and even in song lyrics (J.Lo's song is even titled "Louboutins"), is there any doubt that well-heeled buyers have come to associate red soles with Louboutin?
The Supreme Court has made it clear that colors can be protected by trademark law. Does this decision detract from the Supreme Court's earlier holding? Candidly, and keeping in mind trademark law, I'm not sure that the court's decision comports with preventing consumer confusion and reflecting the state of current trademark law. But I'm willing to be "red faced" if I'm wrong...
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