We quickly identify the Tiffany blue box,  Burberry’s plaid and Louis Vuitton’s monogram.  Christian Louboutin went through the proper channels when they won a trademark for its red soles with the US Patent and Trademark office in 2008. That’s now being challenged.

Earlier this year, they filed suit against PPR SA’s Yves Saint  Laurent, alleging some of its competitor’s shoes featured soles in shades of red too close to its own.  Last week, a U.S. federal judge denied their request, saying Louboutin could not likely prove its use of the color deserved legal trademark protection. In the judge’s opinion, “Because in the fashion industry color serves ornamental and aesthetic functions vital to robust competition, the court finds that Louboutin in unlikely to be able to prove that its red outsole brand is entitled to trademark protection.” YSL is happy about the decision. “No designer should ever be allowed to monopolize a color.”

Color is trademarked in industrial uses, for instance pink fiberglass insulation to distinguish a product. In fashion, it gets trickier where color services a fundamental purpose. Observers hope this case goes to trial as this is “the most interesting case in fashion intellectual property that has come down in the past couple of years,” according to Susan Scafidi, academic director of the Fashion Law Institute at Fordham Law School.

I side with Louboutin and feel the judge doesn’t realize the big picture Louboutin is fighting here.  Fashion houses work hard to establish an identity. Familiarizing yourself with brands, we can immediately recognize a Valentino bag, Tod, Prada, Kate Spade shoes.   Louboutin did the right thing in 2008, and if competitors want to trademark a signature sole, chose another color and go through the hoops. The WSJ states “ Some in the industry say the recent development just raises more nettlesome questions for designers trying to have some measure of protection for things they consider fashion signatures.”

The downside for the consumer? Brand identity give us quick reference to what price-point but more importantly, fit and comfort for our feet.  While I use this reference for clothing, the styles and trends of the season present more variables in selecting brands we know might fit our bodies. With shoes,  there are typically brands whose styles just don’t work for our feet. Louboutin went through the proper channels in trademarking their brand  in 2008, and I hope this won’t be thrown to the wayside.

So consumers beware; until this is settled, the red-sole might not be what you think it is. 

From Saks Fifth Avenue

Christian Louboutin

Leather Buckle Ankle Boots

Christian Louboutin

Leather Twist-Front D’Orsay Pumps

I’m a curious person and like to know what people think and what their habits are. I find it interesting that shoppers can be very rigid in their shopping habits; they may never set foot in Saks Fifth Avenue or Neiman Marcus. They don’t buy from catalogs because of returns. They only shop at certain retailers because they think they can’t afford or won’t find anything in a boutique or higher-end store. I say, don’t limit your choices. There are possibilities everywhere!

I like seeing clothing on models as it’s easy to visualize the outfit on my body, so catalog or on-line shopping is good for that. The larger retailers have made returning items very easy. You usually have a return label and an amount is deducted from your credit. When I calculate time and gas, the amount to return the item is less than what I’d spend on the streets. Just be sure to try on the items right away, keep the original packaging, carefully repackage the item and return as quickly as possible if it doesn’t work.  It is worth it to me when the stores I’m ordering from are further away or “on-line” has sales.

I enjoy going to the boutiques on Oak Street in Chicago.  They are fun to visit and there’s a limited amount of square footage, but you’ll find items there you won’t find elsewhere. If your time is limited, I’d go to Nordstrom or Saks, Macy’s, Bloomingdales. They have your favorite designers under one roof. When visiting Chicago, I plan my time carefully with boutiques and department store shopping. While some labels are out of reach for the average consumer, it’s an adventure to touch and see the fabrics and designs. Believe me, you will see that filter down to your price level in a different fabric, but it makes you aware of what is out there and a better-informed consumer. Try on different brands and designers to find what works for your body type.   Also watch for the “clear it out” sales – I’ve made great purchases at 75% off!

After “yes I’ll marry you” life becomes a flurry of planning and activity. Here’s two sources that can assist in your decision making. The New York Times question and answer column written by Peggy Post is a helpful resource; you can even e-mail or send in your specific question. Go to:

http://emilypost.com/wedding

for

THE WELL-MANNERED WEDDING

Kate Spade takes the worry out of numerous details from dresses to shoes to gifts. Click on the site below and start crossing off the tasks on your list!

Click HERE for the kate spade site.

I’m always looking for a ‘flat with flair’ that I can wear all day. For a ‘work-out-walk,’ tennis shoes are in order… otherwise, I want to comfortably stroll the city with my footwear adding style to my outfit. Always on the lookout, here’s a few fabulous finds from Neiman Marcus.

Wake up penny loafers – these are adorable!

Stuart Weitzman Glitter Penny Loafer

“Stuart Weitzman surprises us, taking the classic penny loafer and bedazzling with glitter. It’s just the thing to spice up your jean or trouser look.

• Glitter adds sparkle to the toe and backstay.
• Choose leather or twill upper.
• Topstitching on square toe.
• Scalloped band across vamp with center cutout.
• Leather lining.
• Rubber driving sole.
• "Aunt Penny" is made in Spain.”

Stuart Weitzman

Love the detail of the glitter and canvas. Cool footwear and I bet flattering to the leg.

Perforated Glitter Ballerina Flat

Kate Spade

Open-toe and soft. Good for travel- day or night activities.

Fierce Jewel Ballerina Flat

Kate Spade 

Jellies are fun! Great for a fast slip-on or pool side.

Beau Flower Jelly Slide

Burberry Embossed Leather Bifold Wallet

A beautiful wallet for him this season. $275

Collection Ellen Tracy Ruffle Trench

Shed the rain in style. Exclusively at Nordstrom. $278

Kelsi Dagger ‘Luvy’ Flat

Gray or black suede flats. Pointed toe elongates leg. $88.95

kate spade new york ‘didi’ mary jane pump

Wow – These navy pumps in mesh/suede are the “cat’s meow!” $298

Eliza J Lace Bodice Stretch Satin Sheath Dress

A beaded lace overlay fashions the V-neck bodice on a lustrous stretch-satin dress, horizontally seamed to flatter the figure.

This navy dress is a winner! $158

Cara Accessories Stud & Crystal Leather Bracelet

Polished silver studs and a smattering of crystals adorn a shimmering metallic leather cuff that snaps to close.

In silver or gold. $48

Sperry Top-Sider® ‘Sadie’ Rain Boot

In black, grey or PURPLE! $79.95

Exclusively at Nordstrom.

Kristen Blake Faux Fur Hooded Jacket

Plush faux fur shaded in flattering vertical lines defines a cozy hooded jacket with a front zip closure.

Easy for dressy or casual. $138

Under Armour ‘Extreme’ ColdGear® Quarter Zip Top $69.99

Under Armour ColdGear® Print Tights $59.99

Look good in winter training gear.

Printed winter training tights are built from moisture-wicking fabric with a heat-trapping brushed-fleece interior. The four-way stretch fabric provides a sleek fit without compression.

I’m a paper and print gal. No Kindles or Nooks for me. Give me a book, magazine or newspaper any day. I’ve been called the “catalog queen” and I appreciate a well-designed quality catalog. It’s a great way to stay on top of the trends and discover designers and styles that appeal to you.

While paging through, I look for items that could stay in my closet for a while or that I say “wow” and fold over the page to go back to.  I don’t mind splurging on items I know I’ll enjoy for years to come. From Saks’ catalog, two pair of shoes I picked:

Kate Spade

Chariot Leopard-Printed Pony Hair Slingbacks

A glamorous bow adorns the peep toe of leopard-printed pony hair.

These Kate Spade Slingbacks are the perfect shoe to add print to a solid-color outfit. The styling of the bow has “attitude” and is just a great shoe all around.

Christian Louboutin

Rolando Platform Pumps

As Stacy would say, “Shut up!” Zipper is sexy and edgy. The pointed toe makes your legs look long and lean. Purple pumps, love it. Cranberry,  WOW! Also offered in beige and black.

The seasons are changing; the weather demands we change our wardrobe habits and embrace the winter season by forcing us to face our “closets.”  Fashion Week and new merchandise bring a chance to make fun choices within our budgets. I’m big on taking advantage of the sales and award points that have a “return” value so September 22-26 is a prime time to consider your options. Here’s a few things I like from the Nordstrom September 2010 catalog. Remember, Triple Award Points if you use your Nordstrom card!

  DKNY Hosiery; Opaque Tights

It’s like new paint on a house; how to change it up with color and inexpensively. Big bang for your buck! Always love the boot option with tights as well.

Echo Sequin Neck Wrap. The sequins and INK color gives this a high rating for versatility (wear with “dress up” or casual). I hope this item doesn’t sell out too fast!

Via Spiga Ethos Ankle Bootie. Last year as I wearily put away my short black boots, I decided I would need to buy new boots for the next season. Via Spiga offers a great pair for replacements without breaking the bank! These are smart looking and I’ll get a lot of wear with different outfits. Thumbs up on this pair!

Kate Spade ‘idiom’ Wide Enamel Bangle. Good looking and great with “all the black” we wear!

Stephen Dweck Faceted Smoky Quartz Oval Ring.

This ‘statement’ ring complements so many colors; black, brown, purple, grey, camel, red.

Lauren by Ralph Lauren Toggle Closure Suede Belt.  Definitely-  in Regal Purple!

AK Anne Klein Croc-embossed Leather Strap Watch. RED is everywhere! If you can’t invest in lots of RED or red just isn’t your best color, you can still feel elegantly “with it” wearing this Anne Klein watch. 

I blogged about Kate Spade and her 2010 Fall Line a few weeks ago. Check out what’s on sale!

SALE AT KATE SPADE !!  CLICK HERE

A few blogs ago, we looked at Kate Spade’s 2010 fall collection. On a recent trip to Chicago’s North Shore Old Orchard mall, Nordstrom had plenty of Kate Spade accessories to choose from. The Knightsbridge Darcy (Muse) bag was as lovely in person as in the print ads.

“There’s no place like home!” Kate Spade’s flats sparkle and are great walking shoes.

I  recently purchased Kate’s button studs in the amber stone. Very pretty and reasonably priced!

What’s new with Kate Spade? Click here to find out.  In the mail I received Kate Spades fall collection, featuring her purses with outfits that are colorful, fun and exciting. Here are my fav’s.

  “a modern interpretation of a vintage frame bag, the muse is at once ladylike and lovely.”

KNIGHTSBRIDGE ZIPPERED DARCY

24 KT. KNIGHTSBRIDGE quinn

Lynda Fur Chubbie, faux fur with poly-taffeta lining in leopard. This is a great jacket you’ll use for years to come. I especially like it with the yellow skirt. If you like the skirt, below is another outfit with a sweet cardigan.

LOVE THIS OUTFIT! I’ll be wearing the Enormous Swiss Dot Tights! Be sure to check out Kate’s shoes. Her flats are showstoppers and oh-so-comfortable.