Fashion Court: Louboutin vs. YSL

Those that follow fashion news will know that recently, Christian Louboutin filed a lawsuit against Yves Saint Laurent.  The reason for the suit is that some of the soles of YSL’s latest Resort collection pumps were – gasp – red!

Apparently, in 2008 Louboutin filed a patent protecting its usage of red-soled shoes.  The recent suit stated that YSL was violating this patent and was seeking damages.  Unfortunately for Louboutin, the company’s efforts have so far backfired.  A New York City judge ruled on August 10th not only in YSL’s favor, but furthermore that the outer sole of a shoe is actually not eligible for trademark protection.  Indeed, “in the fashion industry color serves ornamental and aesthetic functions vital to robust competition,” and, therefore such a trademark would obstruct fashion’s creative process.

This whole legal mess is reflective of some major current issues in the fashion world today.  Counterfeiting is an enormous problem that extends to all areas of the globe.  In fact, the counterfeit fashion industry is estimated to be worth several billion dollars worldwide.  A similar problem, I’ll call it “copycatting” is also a huge issue because a lot of companies, while not selling identical recreations of other designers’ works, are making very similar items that differ only on just a few details.

Fashion is a creative industry that relies on the inspirations of designers and their teams to bring us fresh, exciting and evocative new styles every year.  Counterfeiters and copycats are essentially stealing the creative property of these designers and brands.  This cheapens the value of the brands being copied and also eats into their revenues.  On the other hand, however, fashion recycles itself, and current trends are always channeling styles from past decades.  The hem lines go up, they go down – it can always be correlated to some previous years’ collections.  Fashion has an inherent component of repetition.

What many articles on the Louboutin-YSL case have failed to mention is the nature of the Yves Saint Laurent red soles in question.  In the disputed collection, there are three shoe styles with red soles, and each shoe is red not only on the bottom, but all over.  The same three styles come in other single bold colors and the same uni-colored pattern applies.  This detail really changes the case from my perspective.  What is unique about the red Louboutin sole, to me – and to many others I believe, is that it stands out on each of the designer’s shoes no matter the style, height or material of the shoe.  The soles of these YSL pumps are just extensions of the entire red design of the shoe.

In any case, the fashion industry today finds itself in a sticky place.  Fashion brings life, color and variation to our lives.  How boring would it be if we all wore the exact same thing?  Fashion is fun because there is diversity, which allows for individuality.  Designers need protection from counterfeiters for their unique designers, but they also need to have the right to use the shapes, colors, patterns and cuts that they require to make new collections.  So…where do we draw the line?

My Move to the Big City

Let me tell you a funny story – one that sums up a lot of what this blog will be about.  About four years ago, I had just received my undergraduate degree and was living and working in Boston, where I’d gone to school.  Although Boston is one of my absolute favorite cities, I suddenly felt very certain that after growing up in the area and living there for four years, it was time for a change.  Being the fast-paced ultra-urban person that I am, there was only one choice: New York City.  

In an effort to both downsize belongings and increase my bank account balance, I had a wonderful idea – consignment!  I already had a store in mind – Second Time Around – located right on Newbury Street (think Broadway in Soho).  So, I called to make a consignment appointment and went in a week or so later, hoping to trade clothes I no longer wanted for some much-needed cash.  The ironic part is that a few moments after walking in, while waiting for the sales associate to look through my bag of consignment, I noticed a gorgeous chocolate brown pair of strappy Manolo Blahniks on the “high end” shelf behind the register.  They were my size (7 ½), in like-new condition, and on sale for about $80.

As it turns out, I achieved neither of my original objectives.  However, this was one of the greatest and most influential shopping experiences of my life, and certainly one that would change my wardrobe/wallet relationship from then on.  STA, as they call themselves, did accept a number of my items that day and I ended up buying the shoes the following week with store credit from sold items.

I consigned with the store several more times and had a few more fantastic “finds” before making my move to New York City early the following year.  I took the first “cheap” apartment (i.e. $1,000 a month) I found in the Upper East East Side, if you know what I mean, and lasted there for about 10 months.  I’m a downtown girl, so downtown I went – landing in a teeny apartment in an old building in Soho where I have very happily lived ever since.  The neighborhood was great from the beginning – complete with amazing coffee and pastry cafes, old Italian cheese and pasta shops, famous restaurants, and a real local charm.  I thought it couldn’t get better until I woke up one day and was overjoyed to see that a Second Time Around had opened about a block away.  “They followed me here!” I exclaimed to my friends, joking of course.  But at the rate I now visit the store and refer friends as both consignors and shoppers, perhaps there is some truth to it…

The great thing is, before I let you go, that New York City is chock full of consignment stores.  Each one focuses on a different price range and style preference, so there is absolutely something for everyone!  I see a true link between the number of re-sale stores and the health of the economy.  So as the Dow plummets, try to find some solace in the fact that your dreams of finding affordable Diane von Furstenberg wrap dresses just became that much more attainable.  Another boutique, A Second Chance, for example, offers mainly Chanel, Hermes and similarly top-of-the-line brands at both their Upper East Side and Soho locations.  For a funkier selection, check out Tokio7 in the East Village or Beacon’s Closet in either Williamsburg or Park Slope.  This is really only the beginning so check back soon for more on consignment stores – buying and selling – soon!