Christian Louboutin: Lawsuits for Fashion

The renowned fashion designer Christian Louboutin is one of the first people in the fashion industry to adamantly enforce his branding and designs rights. Although he is often disparaged for his extreme litigiousness, it’s a fact that he’s setting a precedent for the other fashion houses and revolutionizing the fashion industry.

Christian Louboutin is the owner of all red sole shoes and he would like the world to know it. He first started making red sole shoes over 20 years ago when he painted red nail polish on the soles of a pair of shoes. He is not afraid to sue other shoemakers and to develop a reputation of being a vexatious litigant.

This ownership battle started in April 2011 when Louboutin sued Yves Saint Laurent (YSL) for trademark infringement of his red soles. The specific shoe in question is a pair of monochromatic red pumps. Although he filed for trademark protection in 2008, YSL questioned its legitimacy. After all, Louboutin claims he is the owner of the color red and that no other shoemaker is allowed to use red.

During this 18 months lawsuit, Louboutin stuck to his beliefs even after Judge Victor Merrero denied his request for a preliminary injunction to prevent YSL from selling those monochromatic red shoes. Luckily for Louboutin, the case eventually went up to the New York federal appeals court, and the judge stated that he did indeed have a valid trademark for red soles but with a contrasting upper only. Thus, Louboutin can prevent others from making shoes with a distinctive red sole only when the shoe is not entirely red.

Louboutin has subsequently brought a string of similar lawsuits–some successful, other’s not so much. Even if you view such litigation as unnecessary or ridiculous, he is making the point clear that fashion trademarks actually hold legal significance. Other fashion designers can review cases brought by Louboutin to learn how to protect their designs from infringement.