Louboutin & Colour Trade Marks

Christian Louboutin's trade mark cases seem to make the headlines as much as his red-soled shoes do. In the USA Louboutin has a trade mark registration for what's described as 'a lacquered red sole on footwear.'  When rival YSL started selling an all-red shoe, Louboutin sued for trade mark infringement.  The US court found against Louboutin, holding that his registration was invalid. It said that a colour cannot be registered as a trade mark in the fashion industry, because colour plays such a vital role in that industry. In a memorable judgment the court compared fashion to art and said that, in the same way that Picasso could not have monopolised the colour blue during his Blue Period and  stopped Monet from using the colour in his water scenes, Louboutin should not be able to stop other shoe manufacturers using the colour red in shoes.