As we anticipated in August, a number of high-profile brands with associations to specific colours have found reason to follow Christian Louboutin’s lawsuit against Yves Saint Laurent. Yesterday, one of those brands put itself forward as an example to support Louboutin’s case.
Tiffany & Co on Monday filed an amicus curiae, or ‘friend of the court’ brief, propping up the idea that a colour can be trademarked.
The jewellery brand, perhaps as well known for its seafoam-green boxes as its diamond jewellery, filed the brief supporting Louboutin’s appeal. Last week, Louboutin appealed an earlier decision denying the brand a preliminary injunction against YSL’s sale of red-soled shoes and questioning the legitimacy of its trademark.
Tiffany insisted that it ‘is not taking sides in this dispute,’ attorney Jason Jones of Fross Zelnick Lehrman & Zissu PC, told WWD. ‘We are only trying to assure that this area of the law is not disturbed by an overbroad decision in the lower court.’
Fashion law experts have suggested that other brands’ exclusive use of certain colours could be at risk should Louboutin’s trademark on red soles crumble.
Louboutin’s representation portrayed Tiffany’s brief as an endorsement of its exclusive right to a red sole.
‘We are enormously pleased that Tiffany has weighed in,’ Louboutin’s attorney Harley Lewin of McCarter & English LLP said. ‘Tiffany has not only agreed with our arguments, but it also put forth arguments that strengthened the case and made the point that the [earlier] decision should be reversed.’