Yes, Christian Louboutin has a trademark for shoes with red soles

Christian Louboutin is a luxury retailer known for its red-soled, or “red bottom” stiletto shoes. Last weekend, former President Donald Trump unveiled new “Never Surrender High-Tops” sneakers at Sneaker Con in Philadelphia. The gold shoes feature red soles. 

The release led to online discussions about whether Louboutin owns the trademark for shoes with red soles. One post claims that no other designer can copy Louboutin’s signature red sole because the brand trademarked the design. Another post said, “The red soles on @TrumpSneakers are not red lacquered. They are red rubber. The Louboutin trademark is for red-lacquered shoes.” 

THE QUESTION

Does Louboutin have a trademark for red-soled shoes?

THE SOURCES

• United States Patent and Trademark Office

• Christiane Campbell, vice chair of Duane Morris Intellectual Property Practice Group 

• A report in The Trademark Reporter

• Christian Louboutin S.A. v. Yves Saint Laurent Am. Holding, Inc., United States Court of Appeals for the Second Circuit

THE ANSWER

Yes, Louboutin has a trademark for red-soled shoes.

WHAT WE FOUND

Louboutin’s red bottom design has an active “trade dress protection,” which protects the look and feel of a specific product’s design or packaging. Trade dress protection can cover “a three dimensional design, it can be a color,” or even “a combination of colors,” Christiane Campbell, vice chair of Duane Morris Intellectual Property Practice Group says.

Louboutin has multiple trademarks registered with the United States Patent and Trademark Office. One of the listings, which has been active since 2008, is for women’s footwear that “consists of a red lacquered outsole on footwear that contrasts with the color of the adjoining ("upper") portion of the shoe.”

Another trademark for Louboutin footwear that has been active since 2008 protects products where “the color red appears in the design representing a stylized red sole.” 

Some posts online have discussed the use of the word “lacquered” in Louboutin’s trademark potentially being a limitation if the company were to pursue legal action. But Campbell notes that “while the scope of the registration might on its face be narrow when you say red lacquer, it doesn't necessarily mean that the scope of their protection is that narrow.” 

Trade dress trademarks provide legal protection if another brand’s design causes confusion among consumers. There could be a question of whether, lacquered or not, another brand using a red sole design could cause consumers to believe it's a Louboutin shoe or that there's some type of affiliation.

There’s no evidence Louboutin is currently pursuing a legal case against the Never Surrender High-Tops as of Feb. 23, 2024. However, in 2011, Louboutin filed a lawsuit against Yves Saint Laurent after the designer released red platform heels with red soles. The United States Court of Appeals ruled in favor of YSL as its shoes were completely red and distinguishable from Louboutin’s red sole mark, according to a report in The Trademark Reporter. 

The decision notes that “a red, lacquered outsole on a high fashion woman’s shoe, when limited to uses in which the red outsole contrasts with the color of the remainder of the shoe, has acquired 'secondary meaning' as a distinctive symbol that identifies the Louboutin brand.” 

To have an established “secondary meaning,” a brand’s product has to be so recognizable that when something like a specific color is seen, people associate it directly with that brand. Doing this requires time investment, branding, and marketing, Campbell says.

In order for a brand like Louboutin to have trade dress protection, it must prove that the design has gained “secondary meaning,” and other brands using the same design would cause confusion for consumers. The design also must be non-functional. For example, “having the sole of the shoe be red does not really serve any function,” as “the material that makes up the sole is not necessarily red when it comes out in the factory,” Campbell explains.

The official website for Trump’s shoes includes a disclaimer that says “the images shown are for illustration purposes only and may not be an exact representation of the product.” It also says the shoes were not designed by Trump or The Trump Organization.

VERIFY reached out to Christian Louboutin and the administrator of Never Surrender High-Tops for comment.