Jeweller tries to strengthen case for trademarking of brand colours.
Tiffany & Co. Is getting involved in the court battle between Yves Saint Laurent (YSL) and Christian Louboutin, offering its support to the shoe designer as it sues YSL for creating shoe collections with red soles in the style of Christian Louboutins.
Tiffany has filed an amicus curiae, known as a friend of the court brief, to try and support Christian Louboutin’s claim that a colour can be trademarked.
The brief has been filed as Christian Louboutin’s launched an appeal against an earlier decision to deny it a preliminary injunction against YSL.
Tiffany has said that it is not taking sides in the court battle, but said that its interest lies in the subject of the dispute. Jason Jones of the brand’s legal representative Fross Zelnick Lehrman & Zissu told WWD magazine: “We are only trying to assure that this area of the law is not disturbed by an overbroad decision in the lower court.”
The US jewellery brand could have much to gain from a decision in Christian Louboutin’s favour as its own seafoam green jewellery packaging is frequently copied, and a win for the shoe brand could allow it to take legal action against copycats.
The involvement of Tiffany has been said, by Christian Louboutin’s legal team, to have strengthened the case against YSL and brought new arguments forth that suggest that the earlier decision against the shoe brand should be overturned.