Is Donald Trump toeing the line on trademark infringement? The 45th US President has entered the fashion arena with the launch of his Never Surrender High Tops, but it’s the shoes’ red soles that are walking him straight into a potential legal skirmish. To be fair, a battle of colors might be the least of his worries now.
Priced at US$399 and first presented at Sneaker Con in Philadelphia, these gold sneakers boast an American flag on the back and a prominent ‘T’ on the front, complete with distinctive red soles, a feature synonymous with the silhouettes of high-end fashion designer Christian Louboutin.
Louboutin has beenfiercely protective of its iconic design since 1992. The story goes that his red soles were born from a stroke of inspiration when the designer applied an assistant’s red nail polish onto the bottom of a prototype shoe. After painting towns—and streets everywhere—red with the iconic outsoles, the brand has reason to defend its signature vigorously against perceived imitations.
The glaringly familiar element seen on Trump’s high tops has sparked speculation among legal experts about an impending trademark infringement dispute. As pointed out by The Fashion Law, Louboutin has consistently taken action against businesses all over the world to protect its association with red soles, and Trump stands to be an opponent with his potential knockoffs.
However, the issue isn’t black, white, and red all over. Some argue that Louboutin’s trademark, which specifically covers a particular PANTONE shade (18-1663 TPX) of red lacquer on the soles of shoes, might not apply to Trump’s sneakers, which feature a rubber base.
Nike, on its part, has sprinted past clashes with Louboutin despite repeatedly releasing sneakers with all-red soles, including Air Jordan 1s in University Red and Dunk Lows with Picante Red details.
For shoemakers to step into Louboutin’s territory, their red soles would seemingly need to contrast heavily with the upper part of the footwear. In 2011, Yves Saint Laurent walked away from a legal battle with the brand as a court concluded that its all-red high heels did not violate Louboutin’s Red Sole Mark, seeing as how “the entirety of the YSL shoe [was] red.”