@BillMcGev’s very interesting take on the Louboutin lawsuits - Red sole diary: Christian Louboutin can trademark a color, but it doesn’t help him much | Capital New York
If people began copying Louboutin’s red soles the year after he first slathered on that nail polish, they would face no legal impediment. The color would be decoration, but not branding—at least not yet. (That’s why Louboutin’s own lawyers are at such pains to emphasize how long ago he painted his first sole.) Perhaps red soles would become the season’s must-have. Louboutin might well have earned some renown within the industry for inspiring such a trend, but he couldn’t control it.
With time, luck, success, and some savvy marketing, however, Louboutin now benefits from a strong public association between his brand and those red soles. If you copy them today, you may face a lawsuit as well as tsk tsks from Tim Gunn.