Christian Louboutin trademarked a color — specifically, the red on the outsole of his high-heeled shoes (Pantone 18-1663 TP). Registration number: 3,361,597 (USPTO TSDR).
The YSL Lawsuit
In 2011, Louboutin sued YSL for selling all-red shoes. The Second Circuit ruled in 2012 that the red sole trademark is valid but limited: it applies when the sole contrasts with the upper. An all-red shoe does not infringe because the sole does not stand out as a separate identifier. This is the contextual nature of color trademark protection — the color is protected in a specific identifying context, not across a category.
Color as Brand Identity
Louboutin achieved something rare: transforming a specific application of a color into a source identifier strong enough to survive trademark scrutiny. The red sole works because it is consistent, specific, and has been associated exclusively with one brand in one precise context for decades. That combination of specificity and consistency is what color trademarks require.
For informational purposes only. Not legal advice.
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