AN AMERICAN court ruling challenging luxury shoe company Louboutin’s right to an exclusive trademark over its red-sole shoes has been welcomed by a teenage entrepreneur from Co Kildare.
Tara Haughton (16), from Athy, whose “Rosso Solini” company produces stickers creating designer high heel lookalikes, said the decision would make it easier for her to expand her range, which already exports to 14 countries.
In the US district dourt yesterday, Christian Louboutin SA lost its bid to stop Yves Saint Laurent America from selling women’s shoes that Louboutin claims are identical to its trademarked red-sole footwear.
Rejecting Louboutin’s request for a preliminary injunction, Judge Victor Marrero in New York said: “Because in the fashion industry colour serves ornamental and aesthetic functions vital to robust competition . . . Louboutin is unlikely to be able to prove that its red outsole brand is entitled to trademark protection”.
Louboutin had said publicly there could also be problems for Ms Haughton’s company because of potential trademark issues.
Her father Chris Haughton said they had not been approached about the matter. Nonetheless, he said the ruling was good news, while stressing his daughter’s company never set out to copy Louboutin.
The company says it has exported 65,000 pairs of stickers since its launch in November 2010, including more than 1,000 pairs to Brazil in the last two weeks. The stickers retail from €8.99 for a single pair to €17.50 for a three-pair pack.
A leading British retailer has placed an order for 50,000 pairs of the stickers featuring the Union Jack, following its popularity at the time of the recent Royal wedding.
While the court decision may open the way for other imitations, Mr Haughton said this didn’t concern “Rosso Solini” as it was the first with its product and for fashion buyers being original was very important.
In an occasionally humorous opinion, the US judge said granting Louboutin’s trademark claim could lead to “fashion wars”.
Responding to the court decision, a lawyer for Yves Saint Laurent said the registration was not enforceable. But lawyers for Louboutin will argue against the cancellation in the federal court next week.
Meanwhile, Ms Haughton is launching a new product – the Shoe Tattoo – at the British national fashion trade exhibition Moda next week. This is a stencil which can be painted over with nail varnish to create a unique design for each shoe. All the company’s products are made in Kildare.