Response to "Little Red (Litigious) Shoes"

Today, I stumbled upon a very interesting article in the New York Times written by Jeannie Suk. Entitled "Little Red (Litigious) Shoes, Suk reported about a legal dispute between designers Christian Louboutin and Yves Saint Laurent. The dispute is about whether or not the color red could be trademarked for the bottom of a shoe. As we all know, Christian Louboutin is the master mind behind "red bottoms". And it's safe to say that almost every female celebrity owns a pair and almost every girl wish she could own a pair. They are simply a work of art. Louboutin has built an empire because of his gorgeous shoes with the red bottom and he kind of "trademarked" the red sole. Every time I spot a shoe with a red bottom, I say to myself "wow, somebody has money." 

While  not every pair of shoes with a red bottom is a pair of Christian Louboutins, because there are some fakes out there, I believe that 90% of shoes with a red bottom are Christian Louboutins. According to Suk, the trademark and copyright law does not protect fashion, making it legal for designers to copy each other's designs. "Unless a design is deemed a trademark, that is. The Burberry plaid design, for example, is legally protected because it identifies Burberry". I don't find that to be fair at all. How can Burberry be protected because of a pattern but Christian Louboutin can't be protected because of a color? Plaid is just as unique as a red sole. Before Christian Louboutin, no designers were creating shoes with colored soles; he set the precedent. Now designers want to copy!

The case between McQueen and Louboutin was taken to federal court last summer but now it has transcended to the court of appeals. I believe that with a good lawyer, Louboutin has a good chance at winning this case.