Red is Not Your Color

It's always fun to witness a fashion war, but this one seemed like a lost cause from the start. Apparently Christian Louboutin filed for an injunction in federal court against Yves Saint Laurent to get YSL to stop designing and selling high heeled shoes with red soles. Let's just say that Christian's argument didn't fly too well.  I mean, he tried to convince the judge that he had a trademark for the primary color red. Although I was half asleep in my patent law class in law school (with grades to prove it), and I never took trademark law, even I know that this sounds like a bad argument. This would be like Juicy Couture claiming that no one else could sell velour sweatsuits? It's the ultimate fashion catfight.

Anyway, I get that Mr. Louboutin has made millions with his staple red-bottomed shoes.  But if he can't continue to make millions while sharing the color red, maybe he's not the great shoe designer that he claims to be. If he truly wants to trademark his shoes, I think he's going to have to try harder. (Think Fossil and their dangling keys or Burberry and their distinct plaid.) Besides, if Mr. Louboutin could claim red as his own, those of us who like color could be in serious trouble.

What if another designer tries to claim another color and sells it for $800 too?! Is the poor, general public going to be sentenced to boring color options for our fashions? Thank you U.S. District Judge Marrero, you have saved the masses from color envy. Plus, you recognized that red shoes have been around since King Louis the XIV and the Wizard of Oz. Judge Marrero, your decision has also just expanded my shoe collection! You really ought to win a fashion award this year.

It will be interesting to see if Mr. Louboutin can learn how to play well with others and still succeed. My gut tells me he'll do fine. (I mean, I've never tried on a high heel that gave off the toe cleavage that his did.) And for those of you who have spent way too much money to have red-bottomed shoes, I guess it stinks to be you. Because the rest of us are seeing red.