As you all know, I’ve been following this Louboutin case in different iterations for just over a year. So imagine my surprise (and delight) to find that Louboutin actually won its appeal against YSL for its red sole trademark. After the trial judge was so vehement in his misunderstanding of the law, seemingly underscoring the lack of respect the law has for fashion designers, this appellate decision is a ray of light. The appellate court only excepted one circumstance – a designer can make an entire shoe (upper and sole) the same color, but the red sole cannot be a contrasting color to the upper, in essence narrowing the trademark. So, the YSL Tributes upon which this case was based, would not be an infringing shoe based on the court’s new interpretation of the trademark.
While I still think the trademark is too broad (I think a specific hue of red should be included in the trademark), this decision is certainly a step in the right direction.
Source: Elle UK