Some interesting controversy has been happening in the footwear industry in the past couple of weeks. Christian Louboutin has asked YSL not to include the red soles they have planned for their pre-spring/summer 2011-12 collection as it is considered a trade mark of the Louboutin brand, with his lawyer even stating that they plan to "fight like hell" against YSL's attempt.
However, the judge considering the case has found no reason for the red soles to have trademark protection, meaning that YSL will continue with the coloured soles for their collection.
"Because in the fashion industry colour serves ornamental and aesthetic functions vital to robust competition, the court finds that Louboutin is unlikely to be able to prove that its red outsole brand is entitled to trademark protection," Marrero concluded, the Wall Street Journal reports.
It's an interesting topic with two important sides to it. Louboutin shoes are renowned for their red soles and I'm sure many people choose to wear them for this recognition. If other brands are then given the right to copy the red soles, Christian Louboutin will without a doubt, lose a lot of credibility. High street stores will begin to copy them which will also mislead many consumers.
But on the other hand, the important thing to remember is that it is just a colour and if a judge begins to rule that certain colours cannot be used by certain brands, this could restrict the entire fashion industry and have a huge impact on trends. Not to mention the horrendous legal battles that could come with it.
Many claims have also been made that YSL are losing ideas and simply copying the Louboutin brand. But YSL actually started using red soles in the 70's, long before Christian Louboutin was even around.
My opinion is that YSL should be allowed to use whatever coloured soles they like and it would be a shame if legal battles in the future eventually meant that brands are restricted to how creative they can be. All of this could also mean that the competition from YSL will lead to even greater things from Christian Louboutin. Which can never be a bad thing.
I secretly tried these on when I was helping out on a shoot a few years ago for an art director and they were amazingggg!
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