Louboutin in Danger of Losing the Red-Soled Trademark

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In April of this year, shoe designer, Christian Louboutin, turned heads in the fashion and trademark crowds when the brand sued Yves Saint Laurent (YSL) for infringing Louboutin’s signature look: red-soled shoes. Duets covered it here. Both interested lawyers and fashion aficionados have been awaiting some form of decision, and our wishes were granted a couple weeks ago when Judge Victor Marrero denied Louboutin’s request for a preliminary injunction that would have prevented YSL from selling the red-soled shoes in its Cruise 2011 collection. Shipgoers everywhere sighed in relief. Judge Marreo not only denied the preliminary injunction, but additionally indicated that Louboutin would be unsuccessful if they continued in their suit against YSL and ordered Louboutin to show why the action should not be converted into a partial summary judgment.

I was surprised at the decision. Louboutin’s red-soles seem as iconic as Tiffany’s blue boxes and the Gucci stripe. But after reading the decision, Judge Marreo demonstrates that Louboutin may have shot themselves in their own elegantly-shod foot.

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Published In: Intellectual Property Updates

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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