A color is just a colour right? I mean anyone should have the right to use a color. Right? Tiffany and Co. doesn’t think so. They recently filed amicus curiae, “friend of the court” brief supporting Louboutin’s claim against YSL attempt to use Red Bottom Soles.
Maybe a color isn’t just colour? Colors along with style can represent a brand just like we all associate the golden arches with Mickey Dees. The Red Bottom Sole is son ominous with the style distinction of Christian Louboutin. And Tiffany and Co. agrees. YSL’s sale of Red Bottom shoes blurs the line of style and distinction forcing Louboutin to file for trademark infringement. According to WWD and attorney Jason Jones of Fross Zelnick Lehrman & Zissu PC, “ Tiffany is not taking sides in this dispute” “We are only trying to assure that this area of the law is not disturbed by an overbroad decision in the lower court”
“We are enormously pleased that Tiffany has weighed in,” Louboutin’s attorney Harley Lewin of McCarter & English LLP states. “Tiffany has not only agreed with our arguments, but is also put forth arguments that strengthened the case and made the point that the [earlier] decision should be reversed’.
I appreciate Tiffany and Louboutin’s fight for unique style and design. Hopefully this will send a message to artist and designers that innovation should be protected and valued. Let’s continue to be creative and orginal so that we can respect each other’s success and hard work!