As I’ve mentioned when I first introduced this section, it is always going to be about my readers’ contributions. Today, it’s something quite different that Dima Basma, PhD student in Law of Trade Marks at the University of Manchester chose to share with us. I’m sure you’ve all heard about the “war” over the red sole between Christian Louboutin and Yves Saint Laurent, I’d like you to please read the below text written by Dima on that issue. It’s short and we will need you to comment and discuss this short of controversial fashion confrontation!
” Christian Louboutin vs. YSL .. The War over the Red Sole
When all of you Fashion Lovers catch a glimpse of a bright-red lacquered shoe sole walking down the red carpet, what pops through yours minds?! For me, it’s the face of the famous Christian Louboutin who dazzled us with his sublime designs!! All stamped with their undisputed red soles… YSL have had another say on this; not so long ago the luxury brand maker have introduced a new shoe collection with a bright Chinese red sole similar, if not identical, to that of Louboutin.
This prompted fury among both the brand maker and his hearty fans which ended up in the shape of a legal claim brought against YSL last April. Louboutins Plea was to save his red-sole trademark which he patented back in 2008. While many might feel the need to uphold Louboutins claim given the true distinctiveness of the brand, the case might be a little bit more complicated.
The judges on first instance decided in favour of YSL declaring that “there could be no monopoly over red colour”. Indeed , David Bernstein YSL’s Lawyer who was puzzled by Louboutin’s claim contends that even King Louis of France had red-soled shoes. Unsurprisingly, neither Louboutin nor his supporters where satisfied with the outcome. The case was thus advanced into the Appeals Court. The first appeal hearing took place last week with the presence of Louboutin himself along with the famous Diane von Furstenberg. It seems the distinguished designer is extremely keen on his case stating that “ For YSL the issue might be a legal matter but for me it is personal matter as the brand for an insinric part of my life and my company”.. Well in my opinion despite my love to Louboutin and his fabulous designs, his claims are a bit unrealistic. Can you imagine what will happen in the near future when all brand owners decide to trademark colours?! So fashion is often a synonymous to fun, creativity and beauty , sadly , fashion can correspond to a bad migraine too.
Without boring you with the never ending legal details of the case, I would like to know who does your heart go to?!
I don’t care as long as I keep seeing their beautiful designs.
Legally yet Fashionably Yours,
Dima Basma ”
What do you think about that? Let us know!