Louby Doubies

They symbolize status, fashion, poise. They are as striking as the women who wear them. They are fashion forward and still timelessly chic. They are shoes made by none other than Christian Louboutin.

Known throughout the fashion world and adored by celebrities, these shoes have been featured in countless fashion publications, worn on every runway and have cemented their place in pop culture by their iconic red sole.

In 1992 Christian Louboutin launched his first line of high end shoes in Paris, France. Just 2 years later a boutique is opened in New York as the classic design took off. In the years following, Christian Louboutin has partnered with names like Chanel, Yves Saint Laurent, John Paul Gaultier and Givenchy to create shoes that impeccably brand with the fashion houses' creations.

Just recently however, Yves Saint Laurent designed 4 pairs of shoes for their 2011 cruise collection...and these shoes were red, all red...including the sole. Louboutin took the fashion house to court pointing out that the red sole was indeed his branding and that he was in the process of trademarking the red sole. The judge however, ruled that "because in the fashion industry color serves ornamental and aesthetic functions vital to robust competition." the court found that Louboutin was "unlikely to be able to prove that its red outsole brand is entitled to trademark protection, even if it has gained enough protection in the market to have secondary meaning."

In looking at brands that you may represent or products that you have branded, is this a fair judgement?

In an industry and a time where a company will use a competitor's branding to promote their own styles, how is trademarking going to help future designer's branding strategies? Or is it free reign for all and before you know it every woman will be wearing red soled shoes?