What about a single color though? Many of you (perhaps mostly the females and a few aware gentlemen) know that all Christian Louboutin shoes have a familiar red sole. I think that many of us would quickly yell "Louboutin!!" if we were shown a glimpse of a shoe and it had a red sole. Is that trademarkable? (Is that even a word? It should be).
Read about the issue and weigh in.
You definitely can't just flat out trademark a color. However, a color, in combination with a design can surely be trademarked.
ReplyDeleteI've heard and seen pictures years ago about no-name shoe companies just painting the soles of their heels red so that they can sell. Would Louboutin sue them as well or are they just targeting YSL because it's a well known brand they can make money off of?
ReplyDeleteI believe a color may be trademarked as long as the color is not functional. The color red is too ordinary for Louboutin to use in my opinion. Although if Louboutin is able to trademark this single color to associate with their shoe it would be a great way to affiliate a level of prestige. Which would only benefit Louboutin sales.
ReplyDeleteTiffany trademarked the baby blue color they use for the decoration and the lttle boxes they give to as a gift. That color is not to be used by anyone else but tiffany. In this case though it is argued that the color red sole is a fashion statement and not a trademark. The color red is a very functional color that other companies may use and maybe that's why it can be trademark. The shade of red use in the sole of shoes is a common red used in many other things and I think that if Louboutin wants to trademark the color red for their shoes soles he should use a different tone of red not used by everyone.
ReplyDeleteI don't think it's ridiculous that Louboutin should trademark the famous red soles that nearly every female and some male recognizes as Christian Louboutins. The soles represent the brand and I think Louboutin should argue the importance of the red sole. I think it's unexpected that a brand like YSL would want to copy the red sole idea since they themselves are such a recognizable brand and as much of a luxury brand as Louboutin. When I think of Louboutin I think of the original signature shoes that are the black pumps with the red soles. I am wondering if Louboutin could trademark that style of shoes specifically. Also, the font of Louboutin is signature and partnered with the colors could/should be trademarked.
ReplyDeleteI personally think that as well as we can trademark a smell (like a perfume) or a flavor (like a drink as coke) or a design (like a logotype) we should also be able to trademark a manufactured color when it represents a specific company or product.
ReplyDeleteAs long as I know, when a company chooses a color for his designs, for example the red color, it is not a “regular red” is a mixture of a lot of different colors that requires effort, time, work and money to create something that enables them to be different from others.
I think that this is the same case as the “Rosso Valentino” the reddish color that is trademarked by Valentino.
I think it is obvious that Louboutin should protect its brand. However, it can’t trademark a color, this is too common. It can’t appriopriate a color. As, you can trademark a association of colours or a logotype, Louboutin should add a logo on the red sole.
ReplyDeleteWhen I think about Christian Louboutin, I directly think about shoes with red sole. I think that this special feature is the only one that makes the brand so famous. Thus, for me it is highly important that Louboutin protects this characteristic in order to save the recognition of the brand.
ReplyDeleteI worked for the Coca-Cola Company last year in France, and I know that they have created their own red color with a special mix of different colors. I don’t know if this color is trademarked but, at all events, it is today very famous. Indeed, you can hear some people say “it is the coca-cola red!!” People directly make the association between the color and the brand thanks to the awareness the company has created among their consumers.
To conclude, I really think that colors have a real impact on consumers’ recognition of the brand. That is why, Louboutin has to continue to develop awareness about this red color. However, I do not think that they can / need to trademark this color. Above all if it is a common red color. Like Coca-Cola, they can develop more advertising campaign and make their special red, their red color. Maybe, if they associate this color with a special design or another distinctive sign, it will be fairer to trademark it. (Claudine M)
When I think Louboutin I immediately think red soles. However, I don't think that they should be able to trademark the color red for their shoes because it is far too common of a color. But, on the other hand if they wanted to trademark the red soles along with some sort of Louboutin monogram like an "L" on the bottom of the shoe also, I feel that that would be more acceptable and appropriate to ask for trademarking. If every company wanted to trademark their company colors there would be way too many issues seeing as thousands of companies share the same colors and color combinations, there's just simply not enough colors for everyone to trademark one. Especially the color red being such a bold and prominent color for businesses and brands, I don't think Louboutin should be able to do this without some other element of stylistic uniqueness to go along with it. -Sarah Tullgren
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