Christian Louboutin Heads Back to Court Over Red Sole Trademark

By: Charlotte Cowles

10/19/11 at 12:00 PM

NYMag.com

Christian Louboutin's red sole. Photo: Danny Kim

In August, Judge Victor Marrera ruled against Christian Louboutin’s request for a preliminary injunction to prevent Yves Saint Laurent from selling red-soled shoes. The court decision left the door open for Louboutin’s red sole trademark to be overturned; in the judge’s words, color “serves ornamental and aesthetic functions vital to robust competition,” and thus doesn’t merit trademark protection. Louboutin’s lawyer, Harley Lewin, vowed to file an appeal, and presented his first brief this week.

WWD reports:

Filed Monday, the plaintiff’s appeal brief restates its arguments and focuses on what it deems Judge Marrero’s “errors of law in determining that Louboutin’s red outsole mark was likely invalid.”

The YSL camp has not yet responded, but Lewin says the court has required all briefs from both sides to be submitted by the end of 2011, which means that a decision will likely be reached in early 2012.

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