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Christian louboutin red sole shoes is famous for its sexy nobility, sought after by many stars. In April this year, Christian louboutin use red soles for yves saint Laurent to appeal to the court, eventually lost. But Christian louboutin determined to battle in the end, recently he has once again appeal to the court, said not to let other fashion retailers have the opportunity to copy the exclusive trademark "red shoes".
V. YSL trademark infringement
As early as January of this year, the French famous shoes brand, Christian louboutin company in yves saint Laurent see the competition in Manhattan store, also selling red bottom shoes, yves saint Laurent to stop once required to use red bottom, but has not been YSL's response. April, Christian louboutin that yves saint Laurent to court, will require compensation for a loss of $1 million, citing a "illegal competition" and "trademark infringement", and asked the court ordered to yves saint Laurent to stop production all red bottom shoes.
"Shiny red no special features, just can make people recognize it is my shoe." Christian louboutin said in court. Red sole louboutin company representative lawyer said, starting in 1992, "the brand has been registered in the United States as early as 2008", at the same time, the eu internal market department has recently been approved will louboutin red bottom heels "registered trademark". So the red bottom shoes are not just a single color, but are registered trademarks, should be protected by law.
In fact, Christian louboutin red bottom shoes is not the first time to prosecute infringed, as early as in 2007, has sued the U.S. brand "OhDeer!" Design infringement of red sole shoes. And in April, for red bottom Christian louboutin shoes against Brazil's footwear companies, Carmen Stephen Carmen Stephen counter claims that since 1996 has been production of red sole shoes, far ahead louboutin heels of louboutin pumps Christian louboutin trademark registration time in 2008.
Red sole shoes color patent is a monopoly?
Faced with Christian louboutin sued, yves saint Laurent no weakness, the lawyers confrontation in front of the judge.
In court, yves saint Laurent brand of red sole shoes shop is all over the floor, the attorney for the defense: yves saint Laurent was founded in 1962, using red color as the sole have been long-standing practice of brand, also has become a brand logo color. He also points out that many other brands also use red bottom shoes design, even the French king Louis xiv and dorothy in the movie "the Wizard of Oz" also wear red sole shoes.
Not only such, yves saint Laurent lawyer also retort: patent louboutin red sole shoes is it legal? Because if other designers can use red sole is put forward, which is a monopoly.
Christian louboutin brand of yves saint Laurent lawyer asked to provide this batch of red sole shoes all sales documents, proving that this batch of sales of Christian louboutin red sole shoes brand caused severe damage to business.
Until August this year, the United States federal court's decision to think red sole does not belong to the privileged. Federal court dismiss the suit brought by the Christian louboutin company, think that the red soles are its features, but not as a sole all the "brand". Federal judge victor Murray says: "given in the louboutin heels fashion industry, color has a beautiful decorative functions, play a decisive role for competition, the court said louboutin to prove that entitled to trademark protection."
Judge also think that louboutin does not provide enough evidence to prove that yves christian louboutin heels saint Laurent red soles trademark infringement, so the requirement which will be taken down red bottom shoes from the window and pay $1 million for compensation is not support.
Losing or color copy crisis?
Sue after losing, the Christian louboutin brand the attorney, said louboutin himself and the company of "the court's ruling was very disappointed".
At present, there are a lot of high street retailers in christian louboutin pumps imitation of the red sole. Last christian louboutin pumps year, created a 15-year-old girl online Rosso Solini, online sales of red plastic template. This template can be stick on the sole. In order to put an louboutin pumps end to copy, louboutin specially opened a web site, web site has a large number of fake goods be destroyed clips, and a list gives all the websites selling "red shoes" of piracy. Christian louboutin hope that through this web site to manufacture fake goods the consumer can know "shame", the relevant department to make corresponding action, and want consumers to be able to reason with fake goods.
But the supervision and the use of a certain christian louboutin heels color is difficult. Lawyer said: "to apply for patent on a certain color is possible, but there are difficult to perform."
Institute of law, fordham university fashion director Susan said, "if color trademark is cancelled, I believe every fashion retailers are willing to start are going to try to use the convenience of this color to try this, it is also a Christian louboutin's nightmare".
If Christian louboutin trademark suits against yves saint Laurent eventually can't pose a threat, Christian louboutin this side of the loss can be very serious, because the red sole is one and the same as the brand name recognition. As the tiffany's iconic blue boxes, there will be risk of being copied.