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 YSL. Show all posts
Showing posts with label YSL. 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.
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