Christian Louboutin vs. YSL

These are two haute couture designer names I never thought I would see in the same case against one another. This case is one I used recently to write my paper with because it is one that is most interesting in the copyright infringement world. Yves Saint Laurent (YSL) tried to break the copyright protection of the red sole make on the bottom of Louboutin shoes. YSL argued in fashion design it is unfair to actually copyright a certain color to the bottom of a shoe because it limits other designers.

I completely agree with YSL in this statement that it is limiting. However, in the trademark and copyright laws if the mark is distinctive and is known with the brand it is ok. I think in this case, Christian Louboutin, is known for his red sole shoes and that is what makes them the iconic item of this day. If everyone were to start adding red sole bottoms to their shoes it would deeply hurt the value of the Louboutin shoes and competition wouldn't be as rampant if they could just copy the look of the shoes.

Yves Saint Laurent dismissed the claims and overall Louboutin has trademark red soles that are entitled to their protection. However, YSL found a loophole that if the whole shoe is red, they are allowed to sell red-soled shoes. This is only fair because technically they are not violating the distinctive trademark. They are just making the shoe red.

Article from https://www.vogue.co.uk/article/christian-louboutin-sues-yves-saint-laurent-for-red-sole-shoes