French Court Favors Zara Over Louboutin In Trademark Dispute

Last week, the Cour de Cassation, the final court of appeal in France, upheld a June 2011 decision by a court of appeal in favor of Zara for selling red-soled shoes similar to Christian Louboutin's Yo Yo heels. This was a major blow to the to the luxury brand's signature trademark, which has also been in dispute in the U.S. case Christian Louboutin vs. YSL.

Christian Louboutin Yo Yo heel (left) vs. Zara red sole heel (right)

In the ruling dated June 22, 2011, the court of appeal stated that the terms of Louboutin’s trademark registration were too vague since it did not contain a Pantone color reference for the red soles. As a result, Louboutin has filed another trademark application seeking to make the relevant changes to the specific color reference. While the ruling has not deterred Louboutin in its determination to fight for its trademark, it does pose the continued question on whether courts will recognize a brand's ability to trademark a color.