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alphax

Can Christian Louboutin patent red soles?

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It seems a stretch to allow anyone to trademark a colour. Perhaps Monsieur Louboutin will have to focus his effort more on quality and uniqueness of design rather than just the colour of his soles to set his shoes apart from the herd. Hire more designers, fewer lawyers and get back to the workbench.  

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Back in the 1970s and early 80s I worked for a fiberglass company who made insulation for buildings. They successfully trademarked "pink" color and surprised the world. So there is precedence for trademarking color.

Steve

Edited by Steve63130

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Yes, and Cadbury has trademarked the particular shade of purple they use as packaging - but I believe the trademark extends only to the use of that particular shade in association with chocolate products. There were limits. Claiming an entire range of the spectrum - which frankly, depending on the eye the beholder could stretch from orange-red to purple-red - as exclusively 'yours' when it comes to shoe soles is rather sweeping.     

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I think CL has a good case for patenting that shade of red on their soles. 

I had never heard of such a thing before they started doing it. 

Unless someone can show "prior art" i.e. somebody else put red soles on high heeled shoes, then they should be allowed to say that this is their trademark. 

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Louis XIV had red soles on his high heels....he mandated red as the colour in fact.

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According to the articles I've googled up, Louis XIV made red heels a privilege for the monarchy and their friends.  Heels only, it's unclear what color their soles were.

http://www.thefashionhistorian.com/2010/11/red-heels.html

https://www.forbes.com/pictures/emjl45ghf/louis-xiv-of-france-posing-in-red-heeled-shoes/#6c091a097a02

But traditionally in fashion, features can't really be patented. A new design trend like peplum skirts or shoulder pads can be copied by anyone else.

It's more like you can patent a logo like Nike's swoosh, or Louis Vuitton, or Tommy Hilfiger's logos.

Allowing patents on color or color scheme would be like saying Body Glove could patent day glo green or yellow and black swimwear.

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Damn! And here I was all set to patent the two-sleeve shirt and the five-finger glove and make a fortune licensing out my patent.  Well, there goes another money-making winner out the window. This is all so unfair...:cheeky:

 

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