Victory for Christian Louboutin in Red Sole Case

Looks like those of us in fashion law are going to have a great start to fashion week. A New York federal court of appeals just ruled that Christian Louboutin is entitled to trademark protection for its red-sole shoes, except when the shoe itself is red. The holding allows Chrisitan Louboutin to protect itself against YSL's use of the red-sole.

Last year, Christian Louboutin had filed a lawsuit in a New York federal court against YSL to have the judge cease production of a line pumps it had also produced with a red sole. YSL filed a counterclaim, alleging that Louboutin's 2008 trademark registration for the red-sole was not valid. Last August, a federal court judge denied that request because it believed Christian Louboutin did not have a valid trademark altogether. Now, with Louboutin's victory, the case will now go back to the lower court, which will have to review it with the appeal's court ruling in mind. This was a well-earned win for Louboutin. Furthermore, the question of whether color can be trademarkable has been answered for all IP lawyers in fashion.