Louboutin’s trademark should have never been granted...We just don’t think that any fashion designer should be able to monopolize any color.While Louboutin's team shot back and said the claim was "utter rubbish" and "unless you are living in a cave" the consumer recognizes a red sole as a Louboutin. But don't worry, Louboutin doesn't claim to own every red under the sun. Louboutin's lawyer Harley Lewin said:
We are not claiming to own every red under the sun. There’s a particular red that Christian uses on his shoes, a bright, lacquered red. We aren’t saying burgundy or orange-red, we aren’t saying pink. We don’t own any other red but that red.The case will be decided on Friday by New York judge Victor Marrero.
The defendants' use of red footwear outsoles that are virtually identical to plaintiff's Red Sole Mark is likely to cause and is causing confusion, mistake and deception among the relevant purchasing public as to the origin of the infringing footwear.
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