Hey Sole Sister!

photo from Philly.com

Red is the color of war as YSL and Louboutin renews their trademark war, and Elle Woods is not coming to the rescue.  After the injunction filed by Louboutin was rejected by the NY Court a motion for reconsideration (as expected) was filed and a new round of oral arguments slated.

The question is, does it really make a difference.  On Louboutin's side, I must say if I were the brand owner and has been using the "red sole" my trademark I would view YSL's move (although I recall they used blue for their Tribute before, and of course McQueen used pink) as something that could dilute my brand.  But the question is still whether or not my "wounded feelings" may be remedied by a trademark infringement case is another.  Maybe it's just a case of damnum absque injuria.


For the consumers i.e. the food starved-skipping-off-eating-for-my-next-shoe-crowd, would you want a single color palette associated with one brand? So red for Christian, Blue for Yves, maybe black and white for Coco, and Pink for McQueen? It seems a bit ridiculous, but in terms of arranging your collection of black pumps by brand, according to their sole color, then I suppose it makes sense...but I guess that's not what the Lanham Act, or the Paris Convention, had in mind when they were drafting the rules for trademark and what may or may not be registered.