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Written by Paige Yourtee

Monday, July 25 2011 20:45

A red varnished sole on a high heeled shoe signifies the work and craftsmanship of shoe maven Christian Louboutin. Louboutin-who has a red-sole trademark so that he can uphold his profound universal distinction-is ready to battle as he takes his trademark to the courtroom once again.

A lawsuit, pushed by Louboutin against fashion house Yves Saint Laurent, is currently underway. Louboutin claimed that a red YSL shoe with a red sole infringes on the trademark that he was granted in 2008. Louboutin and his attorney Harley Lewin believe YSL has caused consumer confusion, and a loss of sales for Louboutin, because of this monochromatic pump. He is seeking $1 million in damages. However, does he have any concrete proof that he endured such financial loss?

YSL's attorney, David Bernstein, fired back stating, "Louboutin's trademark should have never been granted" because no "designer should be able to monopolize any color."

Furthermore, Louboutin's assertion that he was the first to create red-soled shoes is groundless. Red-soled shoes in fact have a long history, dating back to the footwear of King Louis XIV in the 1600's. YSL even worked with a red colored sole in the 70's, while Louboutin's line didn't emerge on the fashion scene until 1992.

Louboutin still holds strong to his trademark, understanding that he does not "own every shade of red under the sun." Yet, he takes pride in his particular bright lacquered red and feels that YSL's choice of red was far too similar.
(image: nymag.com)

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