The battle of the red sole, between the world famous Christian Louboutin and another world renowned fashion label- Zara has been decided. CL had gone to court seeking to stop Zara from infringing on his trademark (the use of the red sole) on some of their shoes.
But the court has come out to say- that Zara's cut-price shoe could not be confused with that made by the high-end designer. This was the initial verdict of the court in 2008. The world renowned shoe designer, not satisfied with the outcome then took the case to a higher court- Cour de Cassation, which is the final court of appeal. The higher court just last week upheld the lower court's decision and even awarded a compensation of 2,000 Pounds to Zara!
CL had initiated a similar case against YSL last year also, which has not yet been decided.
Hear Mr. Louboutin on why the cause is important for him and his brand identity and that he is aware he cannot monopolise a colour. CL said -
'I understand that, but it is a red in a specific context, there is Ferrari red [and] Hermès orange.
'Even in the food industry, Cadbury recently won a lawsuit against Nestlé for using purple packaging.
'All this proves that the colours play a part in a brand's identity. I'm not saying that red usually belongs to me - I repeat that this is about a precise red, used in a precise location.'
Louboutin said that he came up with the idea for his red sole heels, which are favoured by celebrities including Sarah Jessica Parker and Victoria Beckham, nearly 20 years ago, when he painted red nail polish on the black soles of a pair of women's shoes.
But the court has come out to say- that Zara's cut-price shoe could not be confused with that made by the high-end designer. This was the initial verdict of the court in 2008. The world renowned shoe designer, not satisfied with the outcome then took the case to a higher court- Cour de Cassation, which is the final court of appeal. The higher court just last week upheld the lower court's decision and even awarded a compensation of 2,000 Pounds to Zara!
CL had initiated a similar case against YSL last year also, which has not yet been decided.
Hear Mr. Louboutin on why the cause is important for him and his brand identity and that he is aware he cannot monopolise a colour. CL said -
'I understand that, but it is a red in a specific context, there is Ferrari red [and] Hermès orange.
'Even in the food industry, Cadbury recently won a lawsuit against Nestlé for using purple packaging.
'All this proves that the colours play a part in a brand's identity. I'm not saying that red usually belongs to me - I repeat that this is about a precise red, used in a precise location.'
Louboutin said that he came up with the idea for his red sole heels, which are favoured by celebrities including Sarah Jessica Parker and Victoria Beckham, nearly 20 years ago, when he painted red nail polish on the black soles of a pair of women's shoes.
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| THE ZARA COPY |
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| THE LOUBOUTIN |
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