Originally published in Law360, New York on October 23, 2012.
Facing an injunction ruling that threatened Christian Louboutin SA's business, McCarter & English LLP attorneys representing the shoe designer made a tough call to appeal the interim order to the Second Circuit, an ultimately successful move that protected a trademark on Louboutin's iconic red-soled shoes.
In August 2011, U.S. District Judge Victor Marrero not only shot down Louboutin's bid for a preliminary injunction blocking Yves Saint Laurent SAS from selling allegedly infringing red-soled shoes, but made it clear that he would likely invalidate the red-sole trademark held by Louboutin, a company that takes its name from founder and French shoe designer Christian Louboutin.
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