The French court of appeals ruled late last week on Christian Louboutin’s lawsuit against Spanish fast-fashion retailer, Zara. Louboutin, a brand that is notorious for policing its trademarked red sole, brought suit against Zara stemming from Louboutin famous YoYo pump. The Cour de Cassation upheld the lower court’s June 2011 ruling that Louboutin’s trademark registration was too vague as it lacked a specific Pantone color reference for the “red” soles and further, that there is no proven risk of consumer confusion between the two brands and their shoes.
If the recent French ruling regarding Louboutin’s trademarked red soles is any indication of how things will play out in the decision of the Louboutin v. Yves St. Laurent case, which is expected in the near future, there may be more red-soled pumps than ever. Lucky for Louboutin, the laws governing intellectual property vary quite widely between the different jurisdictions.