is it really such an overreach when the detail is so strongly associated with their brand that Louboutin shoes are often informally called "red bottoms"?
yes, its an overreach that they should be able to demand and expect the state to protect their inane detail as though that has any value to society or the economy.
a system optimized for rent seeking on the color red is overreaching.
Thankfully, Friend Computer just promoted me to Red Clearance so I'm allowed to have those shoes.
Should the Nike Swoosh be protected?
“Red Bottoms” was in the chorus of a song that was a #1 for three weeks in 2017 (Bodak Yellow by Cardi B). Since you seem to be unaware of this “inane” detail that is a big part of current American culture, perhaps you should lay off on passing judgement.
The popularity of it doesn’t affect whether it is or is not inane and whether it is or is not morally right to protect with state power.
I don't see the comment as judgement passing. Instead, it is a rather important economic observation. A tiny bit of red on a piece of apparel shouldn't be intellectual property, be it a part of American culture or not (I wouldn't dare on speculating how big a part of the culture it is). Rent seeking behaviour on this patch of red is not beneficial to the human race in any readily apparent way and is detrimental due to it being yet another precedent for the ever-growing, soul-sucking, innovation-stifling scope creep of IP.
Well reasoned; and perhaps we should mobilize the U.S. Army to protect the concepts and themes central to the next Lil' Wayne single.
In this case it seems that the courts are ruling in favor of what the legislators didn't want to happen. Fashion is intentionally not subject to copyright.