Christian Louboutin vs. Yves Saint Laurent Identify

Christian Louboutin vs. Yves Saint Laurent

Identify Yves Saint Laurent's defense to their use of red soles in their collections (in other words, what do they claim makes their look or placement of color different from Louboutin's signature look?).

A New York federal court of appeals granted Christian Louboutin "trademark protection over its signature red sole" when Yves Saint Laurent produced a fashion line with a similarly-colored red shoe ("Christian Louboutin vs. YSL 'Red Soles' Court Case Takes A New Twist," The Huffington Post, 2012). The decision was then appealed and the appellate judge ruled "that Louboutin is entitled to its trademark on red soles, except when the entire shoe is red. Except that the YSL shoes were entirely red," thus giving YSL the ability to make red-soled shoes under very specific conditions ("Christian Louboutin vs. YSL 'Red Soles' Court Case Takes A New Twist," The Huffington Post, 2012). YSL alleged that there was no way that his all-red shoes could be mistaken by his competitor's, which all have red soles.

Q2. Identify Christian Louboutin's justification to obtaining rights to his signature look.

Christian Louboutin's red-soled shoes are part of his 'signature' style. Louboutin asked for a patent for the red-soled shoes, which was granted in 2008. The patent gave him exclusive rights to manufacture such shoes and given that YSL's shoes had red soles, he considered this an infringement ("Christian Louboutin vs. YSL 'Red Soles' Court Case Takes A New Twist," The Huffington Post, 2012).

Q3. Do you agree that the most recent court ruling was a fair outcome for both parties? If not, why?

Yes. It would clearly stifle the creative potential of other fashion manufacturers if they were unable to create red shoes of any kind, simply because Louboutin had been granted a patent for his red-soled shoes. Moreover, the original patent should have been far more specific in nature, to ensure that such confusion and potential stifling of creative intelligence did not occur. Giving a broad patent for red-soled shoes means that other manufacturers could potentially be prosecuted because they wished to create shoes of different shades of red or shoes with red soles which bore no resemblance to Louboutin's high-fashion creations.

Question B: United By Blue (Brand)

United By Blue has branded itself as an 'eco-friendly' company. The "Philadelphia-based business makes high-quality organic T-shirts. It also promises that for every product sold, it will remove a pound of trash from rivers, oceans, and beaches by organizing cleanup events. The shirts, and the mission-based pitch, had won an enthusiastic reception from retailers, including Urban Outfitters and Whole Foods" (Lapowsky 20102). The t-shirts retail for around $29.50 and their attraction is not based in their appearance (and certainly not upon their price, given their relatively ordinary appearance for a relatively high sticker price) but the extent to which consumers 'feel good' about buying an ethical brand. To further emphasize sustainability, the company uses "banana-fiber paper packaging, hang tags made of elephant dung, and twine, not plastic, to attach the tags" (Lapowsky 2012).