Designer had sued High Street chain for copying his heels
French court rules customers will not be confused between designer version and cut-price pair and orders Louboutin to pay compensation
By Lucy Waterlow and Hannah Roberts
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Flash of red: Victoria Beckham in a pair of red-soled Louboutins in Hong Kong
The distinctive scarlet soles have become an instantly recognisable marker of the brand, a stamp of taste and quality.
But Christian Louboutin’s red-bottomed shoes could face competition from high street lookalikes after a court ruled fashion chain Zara could sell heels in the same colour.
Louboutin initially sued the Spanish brand in 2008, claiming that an open- toed red-soled shoe it was selling for £40 was similar to its Yo Yo style.
However a French court ruled that Zara’s cut-price shoe could not be confused with that made by the high-end designer.
And last week the Cour de Cassation â€" the final court of appeal â€" upheld the decision.
It also ruled that Louboutin, whose shoes are favoured by celebrities including Victoria Beckham and Sarah Jessica Parker and cost hundreds of pounds a pair, must pay the chain £2,000 in compensation.
Alexis Mourot, group chief operating officer and general manager of Christian Louboutin, said the company would continue defending its soles.
In 2008, Louboutin registered a trademark, claiming the exclusive right to make shoes with red soles for ‘women’s high fashion designer footwear’.
And last year the shoemaker accused designer Yves Saint Laurent of copying his celebrated red-soled footwear, when he used a similar theme in his 2011 resort collection.
That lawsuit resulted in a high-court appeal case in the US, the verdict of which is yet to be decided.
Earlier this year, Louboutin told French newspaper Libération why the cause is important to him and his brand identity and that he is aware he cannot 'monopolise' a colour.
Victory: Zara have won the right to sell their red-soled heels, left, which Louboutin said copied their Yo Yo slingbacks, right
Seeing red: Designer Christian Louboutin says he should own the trademark for red-sole shoes because he invented them
He said: 'I understand that, but it is a red in a specific context, there is Ferrari red [and] Hermès orange.
'Even in the food industry, Cadbury recently won a lawsuit against Nestlé for using purple packaging.
'All this proves that the colours play a part in a brand's identity. I'm not saying that red usually belongs to me - I repeat that this is about a precise red, used in a precise location.'
Celebrity favourites: Amanda Holden, left, in Louboutin slingbacks and actress Hayden Panettiere flashes the famous red sole
Louboutin said that he came up with the idea for his red sole heels, which are favoured by celebrities including Sarah Jessica Parker and Victoria Beckham, nearly 20 years ago, when he painted red nail polish on the black soles of a pair of women's shoes.
His lawsuit against YSL reads: 'Mr Louboutin is the first designer to develop the idea of having red soles on women's shoes.
'The location of the bright colour on the outsole of a woman’s pump is said to provide an alluring 'flash of red' when a woman walks down the street, or on the red carpet of a special event.'
A spokesman for Zara declined to comment.
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Surely he doesn't own the colour red? Agreed that it was his idea to paint the soles red but there are somethings that one should not be allowed to patent and this is a fine example of that. The correct decision by the judge in this case which brought this seriously deluded designer back to earth ; from whichever high ground that he was standing on.
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A victory for the Chavs to go with the fake Rolex and fake Louis Vuitton handbags that everyone seems to have these days.
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they fall apart after one wear. Buyers are routinely told not to wear them anywhere apart from on carpet, and to get them re-soled before even wearing them because the sole is ruined after one wear. Great value... not. I'd rather wear a knockoff copy any day that will cost a quarter of the price and last ten times as long. - Elisa, Bridgeville, 12/6/2012 09:17 The sole is pure leather, in France when you buy a louboutin you give the shoes to the Louboutin's cobbler (before to wear it) to add a special Louboutin's signed sole (on the part who hit the floor) who is strong enough to wear everywhere but I'm not sure you can do that in other countries..
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Very overhyped shoes, nothing special and very uncomfortable. - hannah, Manchester, 12/6/2012 09:05 obviously you never wore a louboutin...
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Not only are his shoes ugly and unoriginal, they fall apart after one wear. Buyers are routinely told not to wear them anywhere apart from on carpet, and to get them re-soled before even wearing them because the sole is ruined after one wear. Great value... not. I'd rather wear a knockoff copy any day that will cost a quarter of the price and last ten times as long.
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Very overhyped shoes, nothing special and very uncomfortable.
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His argument is quite stupid. The Ferrari Red and Hermes Orange are not just the colors red and orange associated to the brand. They are a actually a specific shade of red and a specific shade of orange unique only to the brand, thus they are called Ferrari Red and Hermes Orange. It's kind of like the JayZ Blue, it's a specific shade of blue JayZ picked for Ford i believe (i could be wrong about the company he picked it for). Now if he actually went to the color wheel and concocted a shade of red that's unique to the Louboutin brand, then he can sue anybody and their mother for using that shade of red without his permission, because at that point that color red will be truly his.
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But it wasn't his idea. Other designers were doing red soles long before he came along. Charles Jourdan for example predates CL by a long way.
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"If Cadbury can win in relation to purple foil I dont see why the same cant apply to a red sole. It is a trademark and the fact that other shoe manufacturers are doing the same, in the same colour is a blatant attempt to copy" Cadburies won a partial victory because they have been using their colour foil since 1914. "The IPO said it was satisfied Cadbury provided significant evidence of its long-term use of the colour, which has been employed since 1914. Its trademark use does not, however, include chocolate cakes, confectionery or chocolate assortments, following Nestlé’s objections."
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I do so hope that his celeb (allbeit silly) clients sue him for broken ankles and foot damage, undoubtedly caused by this kind of extreme footwear!
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