Now, Louboutin’s representation has promised to ‘fight like hell’ to protect its trademarked red soles, while YSL is rallying to overturn the protection altogether.
‘Louboutin’s nightmare is that every fast-fashion retailer will begin stirring up vats of red dye because it believes the trademark is officially canceled or is about to be,’ Susan Scafidi, director of Fordham University’s Fashion Law Institute, told WWD. ‘Louboutin stands to lose so much. This is identity theft for him. Those red soles are almost as recognizable as his name.’
As the case proceeds through a legal process that could see the unhappy party appeal all the way to the US Supreme Court, other groups are paying close attention.
After all, brands and retailers beyond Louboutin rely on collective associations with certain colours to convey aspects of their identity: Hermès orange, Valentino red and Chanel beige all evoke specific visions of glamour and exclusivity. So important is its signature yellow hue to Selfridges that when the retailer celebrated its centenary in 2009, it invited key brands to design exclusive items like Blackberry handsets, Toywatches and Hermès bags in canary yellow.
Source: Elle UK