I think it's ridiculous, actually. If stores like Forever 21 can literally make exact copies of runway items because current laws don't protect the fashion designers, there's no way he'll have success with this. Plus, hasn't he given all kinds of interviews giving other reasons for the red soles, not just to "identify to the public that the shoes are mine"?
Christian Louboutin wants to trademark his Red Soles.
- Thread starter Ali-bagpuss
- Start date
All - CL is seeking to trademark the red sole, not patent them. There is a difference in the intellectual property rights. A trademark has no functionality other than to identify the good whereas a patent has to have utility. A trademark does not require that you were the first to do something, whereas a patent does require that novelty.
Not trying to change opinions, just want to provide useful information so that others can shape their opinion.
Not trying to change opinions, just want to provide useful information so that others can shape their opinion.
Except there have been other makers using the red sole on some styles for a very long time. CL started using it on ALL of his shoes, but that should not take away the right of other designers to use it, too. Yes, the use of it on all brands increased as CL's popularity increased, but never was it the case that ONLY CL shoes had the red sole. It could never be used dependably as an identifying feature because there were always other designers using it. In other words, it has been the case since 1992 that all CLs had the red sole, but not all red soles were CLs.
But like I said before, I don't think it is a particularly novel idea and CL never owned the idea. He shouldn't be able to own it now, either.
But like I said before, I don't think it is a particularly novel idea and CL never owned the idea. He shouldn't be able to own it now, either.
I looked on it as the Red Soles are already his trademark really as people know that they are his shoes because of the red sole. I think he regards the red sole to be his version of the Gucci or Louis Vuitton monogram.
Those monograms are their trademarks and nobody else is allowed to use them and people know that the items are theirs because of the monogram. He just wants to do the same with the red soles.
I agree it may be difficult for him to do as it is a colour but he is not saying that nobody else can make Red Shoes, just that they should not be allowed to do Red Soles.
Those monograms are their trademarks and nobody else is allowed to use them and people know that the items are theirs because of the monogram. He just wants to do the same with the red soles.
I agree it may be difficult for him to do as it is a colour but he is not saying that nobody else can make Red Shoes, just that they should not be allowed to do Red Soles.
For copying the shape and design of a fashion item (like knocking off a dress or the shape of a bag) that would be a design patent which does not exist in the US for fashion items at this time. Congress has introduced a bill that would add this to the US patent law and they are considering a limited term like say 3 years where only the original designer can sell that design.
As others mentioned this would be a trademark case vs. a patent. I agree he is not the first to do red soles but from what I know he seems to be the first to make this a way to identify that it is a CL shoe. It will be interesting to watch as it plays out. I personally would not want to see designers get to own a color for a sole. You have to think about how far this could go...the slippery slope...will they next let one designer own the trademark to all bags with chain straps or quilting or tassels or using locks on their bags, or shoes with a cap toe or the color orange? I see quilted bags everywhere and do not assume they are Chanel. CL himself has a white boot with a black cap toe detail that is a classic Chanel look. Marc Jacobs has bags with chain straps and quilting....one house should not be able to own such details in my opinion and I own many Chanels and CLs. I also own some generic shoes and bags with quilting on them and I own Oh Deer shoes. I think it would stifle other designers creativity too much....which in the end hurts the consumer.
As others mentioned this would be a trademark case vs. a patent. I agree he is not the first to do red soles but from what I know he seems to be the first to make this a way to identify that it is a CL shoe. It will be interesting to watch as it plays out. I personally would not want to see designers get to own a color for a sole. You have to think about how far this could go...the slippery slope...will they next let one designer own the trademark to all bags with chain straps or quilting or tassels or using locks on their bags, or shoes with a cap toe or the color orange? I see quilted bags everywhere and do not assume they are Chanel. CL himself has a white boot with a black cap toe detail that is a classic Chanel look. Marc Jacobs has bags with chain straps and quilting....one house should not be able to own such details in my opinion and I own many Chanels and CLs. I also own some generic shoes and bags with quilting on them and I own Oh Deer shoes. I think it would stifle other designers creativity too much....which in the end hurts the consumer.
I agree, that is what makes the shoe stand out and their or now copycats of that with the red sole. It is just a unique touch that makes them more special. Also, if you ever need wedding shoes they make the sole blue (something blue...) which is cute...Michele
I agree with the move to trademark them as most people do look for the red sole to identify his shoes between all the other ones that are either influenced by or flat out copies of his shoes. I noticed too that Miu Miu has a shoe or two with a red sole now.
I think the red sole of his makes a big difference and adds this sort of sexiness to the shoe. Like when you just get a glimpse of the red on the heel. It's so subtle but I think makes the shoe a lot more attractive than if it was black or a neutral color.
Betsey Johnson does pink soles with her shoes.
I think the red sole of his makes a big difference and adds this sort of sexiness to the shoe. Like when you just get a glimpse of the red on the heel. It's so subtle but I think makes the shoe a lot more attractive than if it was black or a neutral color.
Betsey Johnson does pink soles with her shoes.
It will be interesting to see how this plays out. If there is a good time for CL to seek TM protection, it would be now. He has a stronger argument now that the public associates his red soles with him. Over the past few years, his shoes have appeared everywhere from magazines, to celebrities, and seem to sell out in every store. This would have been a much harder requirement for him to meet back in 1992 and through the 1990s when not many knew about his brand. That said, I think he has some significant hurdles to overcome before he can seek TM protection.