In the battle of the red sole against design house Yves Saint Laurent, luxe shoe brand Christian Louboutin won a limited victory after an appeals court granted trademark protection for some of its footwear with lacquered red bottoms.

The U.S. Appeals Court in Manhattan overturned a lower court decision by deciding that Louboutin shoes that have red soles combined with a different color top are protected under trademark, while a shoe design that is a monochromatic red all over cannot be protected,

That means Louboutin can theoretically prevent another designer from putting out a black stiletto with a red sole, for example, but not a red stiletto with a red sole. The contrasting red bottom is “an identifying mark firmly associated with” Christian Louboutin, the court decided.

The decision overturns the ruling by a lower court judge last year dismissing Louboutin’s bid to get a temporary injunction and prevent Yves Saint Laurent from selling red-soled shoes that allegedly resembled its own designs.

The appeals judge did not grant the injunction, however, and sent the case back to the trial judge.

“We hold that the lacquered red outsole, as applied to a shoe with an ‘upper’ of a different color, has ‘come to identify and distinguish’ the Louboutin brand and is therefore a distinctive symbol that qualifies for trademark protection,” the court said.

I totally agree on this ruling. YSL has been doing their single color shoe (aka the “Tribtoo”) for much longer than Christian Louboutin his red sole. But I can see why Louboutin is fighting to keep his signature look unique. There are so many companies trying to capitalize in something Mr. Louboutin worked very hard to build up, and like it or not, the red sole is his trademark.

What are your thoughts about this decision? Agree or disagree?