Branding executives will once again be monitoring the latest foray in the battle to make a color exclusive to a product.
Christian Louboutin will argue their case this week via federal appellate to demonstrate that Yves Saint Laurent has been stepping onto their turf by manufacturing their own version of red-soled women’s shoes.
Not easily discouraged, Louboutin’s original request (while denied last summer) has moved on to the appeals court. Their burden of proof lies in showing that their federally registered trademark; Red Sole Mark is protected and is recognized as being synonymous with their brand.
This is not the first time that a color has been fought over. Several instances have made their way through the court system over the years with the most recent being this summer, over Best Buy’s blue polo shirts worn by their employees.
Color conflicts are not mutually exclusive to the fashion or retail worlds. Universities have also had their turn at defining and defending any threats to the alma mater’s hue and the bottom line.
The question is how far do you go to protect brand and product? Fashion can be fleeting but lines between fashion and function (which shoes are) potentially have questionable boundaries. With the recent debate over antipiracy, Congress needs to widen their net and include a long-overdue debate over the definition of what is protected under copyright. Case in point—just think how much money Apple Corp. could sue for if they had made “white” their one and only?
Not easily discouraged, Louboutin’s original request (while denied last summer) has moved on to the appeals court. Their burden of proof lies in showing that their federally registered trademark; Red Sole Mark is protected and is recognized as being synonymous with their brand.
This is not the first time that a color has been fought over. Several instances have made their way through the court system over the years with the most recent being this summer, over Best Buy’s blue polo shirts worn by their employees.
Color conflicts are not mutually exclusive to the fashion or retail worlds. Universities have also had their turn at defining and defending any threats to the alma mater’s hue and the bottom line.
The question is how far do you go to protect brand and product? Fashion can be fleeting but lines between fashion and function (which shoes are) potentially have questionable boundaries. With the recent debate over antipiracy, Congress needs to widen their net and include a long-overdue debate over the definition of what is protected under copyright. Case in point—just think how much money Apple Corp. could sue for if they had made “white” their one and only?
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