Christian Louboutin, who sued Yves Saint Laurent in April for producing red-soled shoes, found themselves in an even bigger predicament when the judge presiding over the case found that Louboutin's patented trademark on red soles wasn't valid--putting the company in danger of losing it. Louboutin, understandably, appealed that decision, arguing that allowing other brands to use red soles would cause harm to the company, which it probably would.
A decision isn't expected until early next year and while we wait, another prominent accessories company who happens to also have a trademark on a specific color, is legally showing their support for Louboutin. WWD has just announced that Tiffany & Co., owners of that lovely, unmistakable robin's egg blue that covers all of their packaging, have issued an "amicus curiae." The brief, which was filed today, basically documents the company's support of Louboutin's appeal, which was officially filed exactly one week ago. So, why has Tiffany & Co. gotten themselves involved? If Louboutin's trademark is rendered invalid and taken away, who's to say Tiffany's is any more valid? If Loubouting loses, Tiffany is definitely at risk. Tiffany's decision to take action shows how much value the company places on their packaging--that shade of blue has become synonymous with the brand.
Other companies with color trademarks include Kraft on the silver on their cheese packaging, Barbie Pink, and the orange on Fiskar's scissors.
Do you think Louboutin and Tiffany deserve to keep their color trademarks or should they share the wealth?