Tiffany lends support to Louboutin in lawsuit
Tiffany & Co has stepped in to the legal battle between Louboutin and YSL over Louboutin’s attempt to trademark the colour red on the soles of its shoes.
The designer jewellery brand has filed an “amicus curiae” lending its support to Louboutin and asserting that it should be able to protect the use of the colour red.
Tiffany’s gained trade mark protection for its distinctive blue packaging in 1998.
Louboutin is famed for the red sole on its designer stiletto shoes but has been embroiled in a lawsuit with rival designer brand YSL over whether it is able to trademark the colour.
A preliminary ruling in the case said that Louboutin may not be able to trademark the red soles meaning that other brands are free to use the design feature on their own shoe designs.
Tania Clark, trade mark attorney at law firm Withers & Rogers, believes Tiffany will be hoping other designer brands lend their support because the initial ruling could leave them open to their design features being copied.
She adds: “Tiffany clearly has a vested interest in the use of colour and views it as an important part of its own brand identity. The jeweller is obviously concerned that if Louboutin loses its legal battle with YSL, it would leave the way open for rivals to infringe its existing trade mark rights by copying its distinctive blue packaging design.”