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If our Indian designer friends thought that Indian copyright laws were useless,heres an example from two famous labels in fashion. In the summer of this year,Christian Louboutin,one of the most famous high-end shoemakers in the world,sought a preliminary injunction in a district court in New York to stop the Yves Saint Laurent (YSL) company from producing a line of red shoes with red outsoles.
Any fashion lover will bet their last dollar in recognising a red-bottomed shoe as a Louboutin. For the last 20 years,ever since Louboutin made his first shoes with a shiny lacquered red sole,the Frenchman has been dubbed the Red Menace by rival shoemakers who lost business and red-carpet celebrities to him.
Two weeks ago,the judge refused the injunction,believing that a designer could not trademark a colour. It was not the same as an insignia,as Louis Vuittons logo,or a pattern,as Burberrys checks. But Post-It enjoys a patent on its yellow,and Tiffanys on its blue boxes. A week ago,Louboutin lost the case. Interestingly,Americas Patent and Trademark Office granted Louboutin the trademark of a Chinese red in 2008.
The YSL team argues that Louboutin was not the first to use red soles as he claims,Louis XIV had red-heeled dancing shoes and Dorothy in The Wizard of Oz had ruby slippers with red bottoms too.
YSLs company isnt too off-base here,although a controversy of this sort would make the deceased designer,an inventive genius who married male-female tailoring in his clothes,turn in his grave. The red-heeled shoe was a mark of distinction in western societies since aristocrats began wearing them in 1600. Hans Christian Andersen used the red shoe as a symbol of vanity in the fairy tale,The Red Shoes. And Valentino has been producing red-heeled shoes since 1969 to go with his famous red gowns. (His shade of orange-tinged red is often called Valentino red).
Louboutin stands to lose business as it leads to customer confusion,but the upside is the free publicity the case has generated for the man who has never advertised. The battle has been followed by the fashion press and bloggers,but has also made it to mainstream newspapers.
Sadly,fashion makes it to the news pages only if its controversial: when a designer is depressed and kills himself (Alexander McQueen) or is a debauched alcoholic and gets sacked (John Galliano).
The Economist,a bible for global news and analysis,has dedicated almost a whole page to the Louboutin-YSL story. The Telegraph,The Daily Mail and The Huffington Post have followed it closely. Leading business magazine,Forbes,covered it with a headline that read Whats So Special About Red-Soled Shoes?
Fashion is still viewed as either controversial or frivolous in mainstream news. An Indian designer playing the global field isnt relevant to the masses. When Prada made its stock market debut in Hong Kong,instead of Milan or Paris,The Economist gave it one paragraph. The missing story is that fashion moves where money moves and western capitals of fashion dont fly anymore.
A story that magazines will never do for fear of losing advertisers is how each luxury label is outsourcing its manufacturing to cheaper countries. Luxury labels justified their price by selling themselves as artisanal brands are industry-made now and are even more expensive.
Barely nothing is manufactured in Europe and Britain anymore.
The biggest fashion story of our times is how trash-fash,as popularised by Zara,Primark,Topshop and H&M,is eating up our environment. Not only do they exploit poor labour,they also use up natural resources such as cotton and oil to make something that isnt meant to last.
And that makes me see red more than anything else. namratanow@gmail.com
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