Forever21 doing the red sole? Eeeek!

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#46
Im Shoe-ish said:
When I said it has to meet certain requirements that included secondary meaning and likelihood of confusion. If you look up Louboutin's trademark registration on the USPTO, it only says RED, not a particular shade of red. If another designer used another shade of red, it would have to be determined by a court whether or not the two shades were similar and whether consumers would likely be confused as to the source of the product. At this point, I do not even think his color has a number on the Pantone scale, but I may be wrong.

Paciotti's red is not as bright as Louboutin's, and it is distinctive because of the dagger, and also most of the shoes that I have seen from him only have the red in the arch of the sole, not on the ball of the shoe. If the red soles aren't working for Paciotti, maybe it's time for him to change things up to make his designs more popular, that is what competition is all about: survival of the fittest.

Copyright does not apply here in any way shape or form. You can only copyright sound recordings, dramatic works such as dances, movies and other audiovisual works, pictorial, graphic or sculptural works, architectural works, musical and literary works. Color falls solely under trademark law and trade dress, not copyright.

Although Louboutin may want to try to obtain a copyright for his actual designs if Congress passes the Design Piracy Protection Act, to prevent companies such as Forever, Madden, Oh Deer! from blatantly copying. Although even though I am a diehard fashionista, I don't know if I necessarily agree with the Act in its entirety.
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Hey Im Shoe-ish, you are absolutely right. :smile1: I hope I did not offend you with my earlier remarks.
 
#50
girls, look at this:
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JUST DISGUSTING!

Whether Louboutin had the red sole first or not, he is well known for it, and we all know Forever 21 is jocking Louboutin.
 
#52
Wasn't Msr. Louboutin getting a patent for the red sole? Using the red sole is OK with me. But I have a feeling F21 is using to lure people to buy shoes from them that can make untrained eyes think these people are wearing CLs.

Their target market, obviously, are ones who want CL but don't want to invest on them. This is nothing but a joke.
 
#55
kimberang said:
Wasn't Msr. Louboutin getting a patent for the red sole? Using the red sole is OK with me. But I have a feeling F21 is using to lure people to buy shoes from them that can make untrained eyes think these people are wearing CLs.

Their target market, obviously, are ones who want CL but don't want to invest on them. This is nothing but a joke.
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It's not a patent, Msr. Louboutin currently has a valid and registered trademark for the red soles. Forever21, as it always has, is engaging in blatant and egregious trademark infringement. Forever21 is trying to use Louboutin's reputation and name in order to sell their own product, which is ILLEGAL. Any other company or brand that uses this red sole are considered to be infringing on Louboutin's registered trademark, and can be and will be subject to litigation.
 
#56
Well it's Forever 21. Everyone knows they aren't original but I don't mind the red soles on their shoes. I clearly see a difference in CLs vs Forever 21s and sure anyone else can too. The Forever 21s will look shoddy in comparision but when your on a budget they work. I'm not saying to go out and buy them and pretend you own CLs but to me its a not a big deal. I wear Forever 21 and designer clothing. If people want to assume my Louboutins are fake or my purses because a clothing chain did a similar style then go ahead. People who truly know a designer will know the difference.
 
#57
Socialitebabe05 said:
Well it's Forever 21. Everyone knows they aren't original but I don't mind the red soles on their shoes. I clearly see a difference in CLs vs Forever 21s and sure anyone else can too. The Forever 21s will look shoddy in comparision but when your on a budget they work. I'm not saying to go out and buy them and pretend you own CLs but to me its a not a big deal. I wear Forever 21 and designer clothing. If people want to assume my Louboutins are fake or my purses because a clothing chain did a similar style then go ahead. People who truly know a designer will know the difference.
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Understandably so, however that is not the point. The point here is that Forever21 is using someone else's registered trademark in order to sell their own products which is ILLEGAL. While you may not have a problem with red soles on Forever21 shoes, I would be willing to bet Msr. Louboutin does. If people assume your designer duds are fakes--that is exactly what these high-end designers are trying to avoid. There is a reason why these items are so high priced, it creates a sense of demand, and only those who are able to afford it can own it. There is a whole psychological social class argument to be made here, but that's for another thread. I do not mind if other designers are inspired by other creations, however blatant copying and complete disregard for the law is disgusting and appalling.

There's a doctrine in trademark law called dilution: essentially Louboutin's trademark red sole has become famous and he therefore has a right to bar anyone else from using it in a way that would lessen its uniqueness. When other brands, i.e. not Louboutin, use the red sole, it lessens the rarity or elite-ness [dilutes], if you will, of what the mark represents.
 
#58
Im Shoe-ish said:
Understandably so, however that is not the point. The point here is that Forever21 is using someone else's registered trademark in order to sell their own products which is ILLEGAL. While you may not have a problem with red soles on Forever21 shoes, I would be willing to bet Msr. Louboutin does. If people assume your designer duds are fakes--that is exactly what these high-end designers are trying to avoid. There is a reason why these items are so high priced, it creates a sense of demand, and only those who are able to afford it can own it. There is a whole psychological social class argument to be made here, but that's for another thread. I do not mind if other designers are inspired by other creations, however blatant copying and complete disregard for the law is disgusting and appalling.

There's a doctrine in trademark law called dilution: essentially Louboutin's trademark red sole has become famous and he therefore has a right to bar anyone else from using it in a way that would lessen its uniqueness. When other brands, i.e. not Louboutin, use the red sole, it lessens the rarity or elite-ness [dilutes], if you will, of what the mark represents.
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Well there will always be the haves and have nots out there. People want what they always can't get. I still don't care who copies who, considering most deisgners today copied something done earlier. I do appreciate Louboutins for their beauty but I'm sure he isn't losing money considering he will always have a following with celebrities and average women who are willing to spend their money on his shoes.
 
#59
Socialitebabe05 said:
Well there will always be the haves and have nots out there. People want what they always can't get. I still don't care who copies who, considering most deisgners today copied something done earlier. I do appreciate Louboutins for their beauty but I'm sure he isn't losing money considering he will always have a following with celebrities and average women who are willing to spend their money on his shoes.
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Even if you and some other TPFers may not care about Forever 21's blatant trademark infringement and dilution of Christian Louboutin's red soles, I am sure that a huge number of young "fashionistas" who cannot afford to buy Louboutins would jump at the chance to buy affordable knockoffs that closely resemble Louboutins. The red soles of F21's knockoffs are very likely to cause confusion, probably leading most people to assume the red-soled F21 boots are Louboutins. Not everyone can easily tell the difference between a Louboutin and the Forever 21 knockoff.
 
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