During the New York Fashion Week - the red soles shoes are entitled to trademark protection.

In the beginning of September when New York was in the middle of all fashion discussions and on top of the fashion news, the US Court of Appeal issued a decision on the long-lasting dispute over the red sole shoes of Christian Louboutin against Yves Saint Laurent.

According to the issued decision colours in the fashion industry are entitled to trademark protection under certain circumstances. In this concrete case the court acknowledges the trademark rights of Christian Louboutin over the registration of trademark comprising of a red sole of a shoe, but it further concludes that using a red sole for monochromatic red shoe does not constitute an infringement of the registered trademark, based on the aesthetic functionality concept in the fashion industry.

With this decision Louboutin loses the battle with Yves Saint Laurent for an infringement but finally wins the trademark war for the existence of its red sole shoe trademark in the United States.

More details may be found on Thomson Reuters News & Insight where the text of the decision is also published.