Can Christian Louboutin trademark the color, “Chinese Red”?

Women all around the world drool if in the presence of this little, red soled heel (including myself); attributing the passionate red to the shoe designer, Christian Louboutin, but can this infamous “Chinese Red” sole be trademarked? That is the exact question that the New York Federal Appellate Courts heard last week.

Christian Louboutin brought a suit against Yves Saint Laurent (YSL) in summer 2011 for manufacturing a red sole on four of his completely red colored heels. This law suit was an attempt by Mr. Louboutin to enforce his federally registered red sole, but trademark law does not protect fashion design, with the exception of branding rights.

“Trademark law does not protect design features that are ‘functional,’ the meaning of which, it turns out, encompasses even aesthetic appeal.”

Unfortunately, a court will likely not trademark the color red for Mr. Louboutin, but if the designer was to attempt to trademark the color, “Chinese Red” his argument against other designers using that specific hue may win over the court.

It would heartbreaking to women around the world if other designers were permitted to use a red sole, but we’ll just have to wait until the New York Appellate Court decides this case to see if such a tragedy will occur!

– Arrielle Millstein

To read more about the pending litigation of this gorgeous shoe click here.

To admire this stunning heel visit the actual website by clicking Christian Louboutin!

2 Responses to “Can Christian Louboutin trademark the color, “Chinese Red”?”
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  1. […] one of wRAP JhAM’s recent post, Christian Louboutin brought the battle to enforce his highly recognizable, federally registered […]

  2. Olivenöle says:

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