YSL pumps, left and Christian Louboutin, right
Yikes. The court case in New York rumbles on, with Louboutin’s lawyers fighting to have YSL stripped of the right to sell a particular shoe they make with red soles (to match the red uppers) – because they claim that Christian Louboutin and ONLY Christian Louboutin have the right to make red soles. But that – and forgive us, because if we were clever enough to become lawyers then we might have actually done so, (as they earn brills wages, we’ve heard) - isn’t even the end of it.
Oh no. YSL are counter suing the brand, questioning the original Louboutin patent on the grounds that ‘Louboutin’s trademark should have never been granted,’ said David Bernstein, attorney for YSL. ‘We just don’t think that any fashion designer should be able to monopolize any colour.’
What? But wait – the Louboutin lawyers have an answer to this as well . . . ‘unless you are living in a cave, the consumer most definitely recognizes a red-soled shoe as a Louboutin.’ They angrily retorted. ‘We are not claiming to own every red under the sun. There’s a particular red that Christian uses on his shoes, a bright, lacquered red,’ he said. ‘We aren’t saying burgundy or orange-red, we aren’t saying pink. We don’t own any other red but that red.’
- Naomi Attwood