BEAUTIFUL SHOES GO TO COURT AGAIN
The Louboutin Case Goes Back to Court on Friday
8/18/11 at 6:00 PM
http://nymag.com/daily/fashion/2011/08/louboutin_case_court-ysl.html
As promised, Christian Louboutin's lawyer is fighting tooth and nail against YSL's push to have the red-sole trademark canceled entirely. After Judge Victor Marrero ruled in favor of YSL's right to create and sell red-soled shoes last Wednesday, YSL's lawyer David Bernstein said that he would pursue a summary judgement to repeal Louboutin's trademark. He'll face Louboutin's lawyer Harley Lewin before Judge Marrero again on Friday to argue whether the motion can continue.
Judge Marrero will mostly likely side with YSL again. In his initial ruling last week, he stated that "Louboutin is unlikely to be able to prove that its red outsole brand is entitled to trademark protection," since "in the fashion industry color serves ornamental and aesthetic functions vital to robust competition." He also would have anticipated YSL's move cancel the trademark, as it's a logical next step from his decision to deny Louboutin's injunction.
What's also clear is that Louboutin's lawyer will "fight like hell," as Lewin stated himself. He's already appealed the judge's ruling, and vowed to appeal any forthcoming decisions endangering the trademark. Susan Scafidi, director of Fordham University’s Fashion Law Institute, tells WWD:
Louboutin’s nightmare is that every fast-fashion retailer will begin stirring up vats of red dye because it believes the trademark is officially canceled or is about to be ... Louboutin stands to lose so much. This is identity theft for him. Those red soles are almost as recognizable as his name.
But retail consultant Hana Ben-Shabat presents a valid counterpoint:
At the end of the day, what makes a Louboutin a Louboutin is the fact that the shoes are beautifully made and beautifully crafted. And those who want to be associated with the brand want to be a part of that.
Earlier: Christian Louboutin to Appeal the Judge’s Decision in the YSL Red Sole Case
Related: Read a step-by-step guide to the case in this week's Fall Fashion Issue. [NYM]
Louboutin, YSL to Appear Before Judge [WWD]
MY THOUGHTS
In my earlier post, When Beautiful shoes Go to Court, http://beautifulshoesinlaguna.blogspot.com/2011/08/when-beautiful-shoes-go-to-court.html we learned about the judge ruling in favor of YSL. Of course, Louboutin will not just give up the fight for his beautiful shoes. I feel for the man. Why do people have to be copycats? Infuriating!
Showing posts with label Louboutin. Show all posts
Showing posts with label Louboutin. Show all posts
Thursday, August 18, 2011
Friday, August 12, 2011
When Beautiful Shoes Go to Court
Lawyer: Ruling steps on shoe designer's toes
By Stephanie Gallman, CNN
August 11, 2011 -- Updated 2323 GMT (0723 HKT)
(CNN) -- French shoemaker Christian Louboutin is seeing red -- and will likely be seeing a lot more of it -- after a judge in Manhattan denied an injunction that would have kept fellow designer Yves Saint Laurent from selling shoes with red soles.
The lawsuit, filed in June, takes issue with four specific shoes from YSL's Cruise 2011 Collection: the Tribute, Tribtoo, Palais and Woodstock models, claiming the shoes violate Louboutin's trademarked "lacquered red sole."
"Everyone sees the flash of red and associates the red with Louboutin," attorney Harley Lewin said Thursday about his client.
In fact, Louboutin's red soles have graced many a red carpets, adorning the feet of celebrities Oprah Winfrey, Heidi Klum and Sarah Jessica Parker. In 2009, Jennifer Lopez wrote a song about them, "But it's the last time, I'm movin' on, I'm throwing on my Louboutins."
In his decision Wednesday, U.S. District Judge Victor Marrero acknowledged that in choosing a red sole for his shoes, Louboutin had "departed from longstanding conventions and norms of his industry," to create a product, "so eccentric and striking that it is easily perceived and remembered."
However, Marrero went on to say that, "Louboutin's claim to the 'the color red' is, without some limitation, overly broad and inconsistent with the scene of trademark registration."
"This was a trademark that never should've been issued," David Bernstein, attorney for the defendant, Yves Saint Laurent said.
He adds, "YSL has been using red since the 1970s, other designers have used red on the soles of their shoes. They aren't doing so to confuse people, but because it's a design aesthetic."
Lewin thinks the judge went too far.
"This is no longer about the case," he said.
Judge Marrero's decision drew parallels between painters and fashion designers, calling them both members of a creative industry where no one should be barred from using color to achieve their aesthetic. Doing so could, "interfere with creativity and stifle competition."
Berstein agrees. "No designer should be able to monopolize a color."
There have been cases when companies have copyrighted color.
Owens Corning, for example, has the trademark for pink fiberglass. Marrero said industrial products are different because the application of color is simply to distinguish one manufacturer from another.
Lewin says his client "separated his shoes from everyone else's by using a red sole."
Lewin said he's never had such an outpouring from his fellow attorneys, law professors and members of the fashion industry, telling him, "This [verdict] is an abomination. Tell your client to appeal."
On August 17, both sides will meet for a case management conference, and Lewin says he will announce his plans to do just that.
"This is not over," Lewin said, "Not by a long shot."
MY THOUGHTS
Crazy, don't you think. But then, the business world can be just that-crazy. Personally, I think YSL did copy. But I agree that no one should be able to monopolize a color.
By Stephanie Gallman, CNN
August 11, 2011 -- Updated 2323 GMT (0723 HKT)
(CNN) -- French shoemaker Christian Louboutin is seeing red -- and will likely be seeing a lot more of it -- after a judge in Manhattan denied an injunction that would have kept fellow designer Yves Saint Laurent from selling shoes with red soles.
The lawsuit, filed in June, takes issue with four specific shoes from YSL's Cruise 2011 Collection: the Tribute, Tribtoo, Palais and Woodstock models, claiming the shoes violate Louboutin's trademarked "lacquered red sole."
"Everyone sees the flash of red and associates the red with Louboutin," attorney Harley Lewin said Thursday about his client.
In fact, Louboutin's red soles have graced many a red carpets, adorning the feet of celebrities Oprah Winfrey, Heidi Klum and Sarah Jessica Parker. In 2009, Jennifer Lopez wrote a song about them, "But it's the last time, I'm movin' on, I'm throwing on my Louboutins."
In his decision Wednesday, U.S. District Judge Victor Marrero acknowledged that in choosing a red sole for his shoes, Louboutin had "departed from longstanding conventions and norms of his industry," to create a product, "so eccentric and striking that it is easily perceived and remembered."
However, Marrero went on to say that, "Louboutin's claim to the 'the color red' is, without some limitation, overly broad and inconsistent with the scene of trademark registration."
"This was a trademark that never should've been issued," David Bernstein, attorney for the defendant, Yves Saint Laurent said.
He adds, "YSL has been using red since the 1970s, other designers have used red on the soles of their shoes. They aren't doing so to confuse people, but because it's a design aesthetic."
Lewin thinks the judge went too far.
"This is no longer about the case," he said.
Judge Marrero's decision drew parallels between painters and fashion designers, calling them both members of a creative industry where no one should be barred from using color to achieve their aesthetic. Doing so could, "interfere with creativity and stifle competition."
Berstein agrees. "No designer should be able to monopolize a color."
There have been cases when companies have copyrighted color.
Owens Corning, for example, has the trademark for pink fiberglass. Marrero said industrial products are different because the application of color is simply to distinguish one manufacturer from another.
Lewin says his client "separated his shoes from everyone else's by using a red sole."
Lewin said he's never had such an outpouring from his fellow attorneys, law professors and members of the fashion industry, telling him, "This [verdict] is an abomination. Tell your client to appeal."
On August 17, both sides will meet for a case management conference, and Lewin says he will announce his plans to do just that.
"This is not over," Lewin said, "Not by a long shot."
MY THOUGHTS
Crazy, don't you think. But then, the business world can be just that-crazy. Personally, I think YSL did copy. But I agree that no one should be able to monopolize a color.
Saturday, April 16, 2011
LOUBOUTIN SUES YSL
Louboutin Sues Yves Saint Laurent Over Red-Sole Shoes
April 07, 2011, 6:53 PM EDT
http://www.businessweek.com/news/2011-04-07/louboutin-sues-yves-saint-laurent-over-red-sole-shoes.html
By Don Jeffrey
(Updates with excerpt from suit in fourth paragraph.)
April 7 (Bloomberg) -- Christian Louboutin SA, the designer of expensive red-sole women’s shoes popularized by characters on “Sex and the City,” sued Yves Saint Laurent America Inc., alleging it violated Louboutin’s trademark for the footwear.
Louboutin, based in Paris, said Yves Saint Laurent is selling shoes with red soles that are “virtually identical” to its own, according to a suit filed today in federal court in Manhattan. It seeks a court injunction against the sale of the shoes and damages of at least $1 million.
Saint Laurent has been selling red-sole shoes under brand names such as Tribute, Palais and Woodstock at high-end fashion stores that also sell Louboutin footwear, including Saks Fifth Avenue, Barneys New York and Bergdorf Goodman, according to the complaint.
“Defendants’ use of a red sole on their infringing footwear threatens to mislead the public, and has impaired plaintiffs’ ability to control their reputation,” Louboutin said in the complaint.
Bridget Helene, a spokeswoman for New York-based Yves Saint Laurent America, said in an e-mail that the company had no comment.
Red Nail Polish
The designer Louboutin got the idea for the red-sole shoes when he painted red nail polish on the black soles of a pair of women’s shoes, the complaint states. He introduced the red soles in 1992 and since then they have been on all of the company’s luxury shoes, according to the lawsuit.
On Barneys’ website, Louboutin red-sole shoes are priced from $445 to more than $4,000 a pair.
The U.S. Patent and Trademark Office awarded Louboutin a trademark for the red sole in 2008, according to the complaint.
Louboutin was informed by Yves Saint Laurent executives by letter in January that they planned to “continue to sell the infringing footwear,” the lawsuit states.
Yves Saint Laurent is a unit of Paris-based PPR, which owns Gucci and other luxury brands.
Saint Laurent, the Algeria-born French fashion designer, died in 2008.
The case is Christian Louboutin SA v. Yves Saint Laurent America Inc., 11-2381, U.S. District Court, Southern District of New York (Manhattan).
--Editors: Mary Romano, Peter Blumberg
To contact the reporter on this story: Don Jeffrey in New York at djeffrey1@bloomberg.net.
To contact the editor responsible for this story: Michael Hytha at mhytha@bloomberg.net
MY THOUGHTS
What difference would the color of the soles make on your beautiful shoes? It's pricey. People are buying the 'brand'. Manufacturers jumped into the 'wagon' to rake in profits,too.
April 07, 2011, 6:53 PM EDT
http://www.businessweek.com/news/2011-04-07/louboutin-sues-yves-saint-laurent-over-red-sole-shoes.html
By Don Jeffrey
(Updates with excerpt from suit in fourth paragraph.)
April 7 (Bloomberg) -- Christian Louboutin SA, the designer of expensive red-sole women’s shoes popularized by characters on “Sex and the City,” sued Yves Saint Laurent America Inc., alleging it violated Louboutin’s trademark for the footwear.
Louboutin, based in Paris, said Yves Saint Laurent is selling shoes with red soles that are “virtually identical” to its own, according to a suit filed today in federal court in Manhattan. It seeks a court injunction against the sale of the shoes and damages of at least $1 million.
Saint Laurent has been selling red-sole shoes under brand names such as Tribute, Palais and Woodstock at high-end fashion stores that also sell Louboutin footwear, including Saks Fifth Avenue, Barneys New York and Bergdorf Goodman, according to the complaint.
“Defendants’ use of a red sole on their infringing footwear threatens to mislead the public, and has impaired plaintiffs’ ability to control their reputation,” Louboutin said in the complaint.
Bridget Helene, a spokeswoman for New York-based Yves Saint Laurent America, said in an e-mail that the company had no comment.
Red Nail Polish
The designer Louboutin got the idea for the red-sole shoes when he painted red nail polish on the black soles of a pair of women’s shoes, the complaint states. He introduced the red soles in 1992 and since then they have been on all of the company’s luxury shoes, according to the lawsuit.
On Barneys’ website, Louboutin red-sole shoes are priced from $445 to more than $4,000 a pair.
The U.S. Patent and Trademark Office awarded Louboutin a trademark for the red sole in 2008, according to the complaint.
Louboutin was informed by Yves Saint Laurent executives by letter in January that they planned to “continue to sell the infringing footwear,” the lawsuit states.
Yves Saint Laurent is a unit of Paris-based PPR, which owns Gucci and other luxury brands.
Saint Laurent, the Algeria-born French fashion designer, died in 2008.
The case is Christian Louboutin SA v. Yves Saint Laurent America Inc., 11-2381, U.S. District Court, Southern District of New York (Manhattan).
--Editors: Mary Romano, Peter Blumberg
To contact the reporter on this story: Don Jeffrey in New York at djeffrey1@bloomberg.net.
To contact the editor responsible for this story: Michael Hytha at mhytha@bloomberg.net
MY THOUGHTS
What difference would the color of the soles make on your beautiful shoes? It's pricey. People are buying the 'brand'. Manufacturers jumped into the 'wagon' to rake in profits,too.
Saturday, September 25, 2010
choosing from 4000 shoes
Selfridges' shoe hall: A girl can only have so many best friends
Hannah Pool spent an hour in Selfridges' new department, and still came out empty-handed
Hannah Pool guardian.co.uk, Friday 24 September 2010 20.59 BST Article history
The most impressive thing about Selfridges' new shoe hall – which opened this week, claiming to be the world's largest – is not the 4,000 shoes on display, the 35,000 square feet of dedicated shoe space, or the 55,000 pairs of shoes in stock at any one time. The most impressive thing is that after having spent nearly an hour in there, I came out empty handed.
To put this in context: underneath my bed there are three large plastic boxes full of shoes. I could probably wear a different pair every day for a month without any trouble, perhaps two months.
The problem, unexpectedly, is overabundance: a dazzling wealth of cheaper, high-street brands alongside four-figure famous names that, after a while, threatens to give you a migraine.
Made up of six "galleries" and 11 surrounding boutiques, the hall is almost obscenely vast. You don't have to be a shoe obsessive to be impressed by the scale of the operation, or the sheer front it takes to open such a paean to consumption in the middle of a global recession.
At the entrance are high street brands such as Topshop, Office and All Saints. A rainbow of Havaiana flipflops lines one wall. The place is so busy it's hard to see the shoes for the crowds.
As I try a pair of brown wedged boots at River Island, the assistant tells me she's serving three customers at once. It is enough to put a smirk on George Osborne's face.
Walk a little further and things go up a notch with Dune, Kurt Geiger, LK Bennett and the Tods "loft". Deeper still into the shoe vortex and the setting changes to softly lit velvet and glass. You are now in one of three designer rooms, where shoes by Stella McCartney, Chloe and Marc Jacobs are beautifully displayed in glass boxes or on top of alabaster plinths, and there is a nice rug on the floor. The seating is also better, with soft velvet banquettes as opposed to rubber stools – rich bums must need more cushioning. If you have the budget for designer shoes, but not the stomach for Bond Street sales assistants, this may be the place for you.
But it is in the 11 boutiques or "apartments" that line the galleries where the hardcore spending is being done. Each apartment houses a designer label such as Gucci, Chanel or Louboutin. It is here that I lose grip of reality for a few moments and ask to try on a pair of £945 snakeskin ankle boots. Thankfully, they didn't have my size.
MY THOUGHTS
i believe this girl completely. 4000 shoes on display? walking around in 35,000 ft. of shoe display? overwhelming!!! but it'll be good to try on that Loubotin. shoes in lass boxes. hmmmm.
Hannah Pool spent an hour in Selfridges' new department, and still came out empty-handed
Hannah Pool guardian.co.uk, Friday 24 September 2010 20.59 BST Article history
The most impressive thing about Selfridges' new shoe hall – which opened this week, claiming to be the world's largest – is not the 4,000 shoes on display, the 35,000 square feet of dedicated shoe space, or the 55,000 pairs of shoes in stock at any one time. The most impressive thing is that after having spent nearly an hour in there, I came out empty handed.
To put this in context: underneath my bed there are three large plastic boxes full of shoes. I could probably wear a different pair every day for a month without any trouble, perhaps two months.
The problem, unexpectedly, is overabundance: a dazzling wealth of cheaper, high-street brands alongside four-figure famous names that, after a while, threatens to give you a migraine.
Made up of six "galleries" and 11 surrounding boutiques, the hall is almost obscenely vast. You don't have to be a shoe obsessive to be impressed by the scale of the operation, or the sheer front it takes to open such a paean to consumption in the middle of a global recession.
At the entrance are high street brands such as Topshop, Office and All Saints. A rainbow of Havaiana flipflops lines one wall. The place is so busy it's hard to see the shoes for the crowds.
As I try a pair of brown wedged boots at River Island, the assistant tells me she's serving three customers at once. It is enough to put a smirk on George Osborne's face.
Walk a little further and things go up a notch with Dune, Kurt Geiger, LK Bennett and the Tods "loft". Deeper still into the shoe vortex and the setting changes to softly lit velvet and glass. You are now in one of three designer rooms, where shoes by Stella McCartney, Chloe and Marc Jacobs are beautifully displayed in glass boxes or on top of alabaster plinths, and there is a nice rug on the floor. The seating is also better, with soft velvet banquettes as opposed to rubber stools – rich bums must need more cushioning. If you have the budget for designer shoes, but not the stomach for Bond Street sales assistants, this may be the place for you.
But it is in the 11 boutiques or "apartments" that line the galleries where the hardcore spending is being done. Each apartment houses a designer label such as Gucci, Chanel or Louboutin. It is here that I lose grip of reality for a few moments and ask to try on a pair of £945 snakeskin ankle boots. Thankfully, they didn't have my size.
MY THOUGHTS
i believe this girl completely. 4000 shoes on display? walking around in 35,000 ft. of shoe display? overwhelming!!! but it'll be good to try on that Loubotin. shoes in lass boxes. hmmmm.
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