Christian Louboutin is planning to appeal after a New York court ruled that rival Yves Saint Laurent could also sell shoes with red soles.The footwear designer, whose creations are a favourite with stars including Kate Moss, Kim Kardashian and Victoria Beckham, was denied an injunction against the luxury label last week.
YSL may now manufacture its own red-soled designs, which form part of its 2011 cruise collection, while the court battle continues.
The lawsuit, which was first filed in April this year, claims that YSL’s sale of lookalike shoes in Manhattan stores such as Saks Fifth Avenue, Barneys and Bergdorf Goodman was ‘likely to cause and is causing confusion, mistake and deception among the relevant purchasing public.'
The Parisian shoemaker, who cited four new YSL designs in the suit, has asked the court to order his rival to stop manufacturing similar products.
But Judge Victor Marrero said in his ruling last week that a win for Mr Louboutin could stifle art and commerce by putting a restriction on a particular colour.
He wrote: 'Louboutin is unlikely to be able to prove that its red outsole brand is entitled to trademark protection, even if it has gained enough public recognition in the market to have acquired secondary meaning.'
Mr Louboutin's lawsuit, which was filed in April, states that he came up with his red sole signature nearly 20 years ago, when he painted red nail polish on the black soles of a pair of women's shoes.
It read: 'Mr Louboutin is the first designer to develop the idea of having red soles on women's shoes.
'The location of the bright colour on the outsole of a woman’s pump is said to provide an alluring "flash of red" when a woman walks down the street, or on the red carpet of a special event.'
YSL's legal team said: 'Louboutin’s trademark should have never been granted.
'We just don’t think that any fashion designer should be able to monopolise any colour.'
Last week, it appeared that Judge Victor Marrero had sided with Mr Louboutin's lawyers, when he refused to accept arguments submitted by YSL.
YSL's lawyers argued that the label had been using red as a signature colour since it launched in 1962, and that even King Louis XIV of France and Dorothy from the Wizard of Oz had worn red-soled shoes.
But lawyers for Christian Louboutin argued that these were unreliable findings and Judge Marrero agreed.
It is not known when a verdict on the case will be reached as the Judge has asked for more time.
Both parties have been ordered back to court later this week.
YSL may now manufacture its own red-soled designs, which form part of its 2011 cruise collection, while the court battle continues.
Seeing red: Yves Saint Laurent has been accused of 'copying' Christian Louboutin's signature laquered sole (right) in its 2011 cruise collection (left)
Christian Louboutin had been seeking more than $1million damages over claims that its distinctive red lacquered sole had been 'copied' by other brands, including YSL.The lawsuit, which was first filed in April this year, claims that YSL’s sale of lookalike shoes in Manhattan stores such as Saks Fifth Avenue, Barneys and Bergdorf Goodman was ‘likely to cause and is causing confusion, mistake and deception among the relevant purchasing public.'
Trademark? Christian Louboutin says he came up with his red sole signature nearly 20 years ago
But Judge Victor Marrero said in his ruling last week that a win for Mr Louboutin could stifle art and commerce by putting a restriction on a particular colour.
He wrote: 'Louboutin is unlikely to be able to prove that its red outsole brand is entitled to trademark protection, even if it has gained enough public recognition in the market to have acquired secondary meaning.'
Mr Louboutin's lawsuit, which was filed in April, states that he came up with his red sole signature nearly 20 years ago, when he painted red nail polish on the black soles of a pair of women's shoes.
It read: 'Mr Louboutin is the first designer to develop the idea of having red soles on women's shoes.
'The location of the bright colour on the outsole of a woman’s pump is said to provide an alluring "flash of red" when a woman walks down the street, or on the red carpet of a special event.'
Celebrity favourites: Kim Kardashian (left), Renee Zellweger (centre) and Miranda Kerr (right) are all fans of Christian Louboutin heels
But last month YSL decided to counter sue, stating that the Christian Louboutin, which claims to have been awarded an official trademark for the red sole in 2008, had no right to monopolise a colour.YSL's legal team said: 'Louboutin’s trademark should have never been granted.
'We just don’t think that any fashion designer should be able to monopolise any colour.'
Last week, it appeared that Judge Victor Marrero had sided with Mr Louboutin's lawyers, when he refused to accept arguments submitted by YSL.
Shared retailers: Christian Louboutin's lawsuit claims that YSL's sale of lookalike shoes in New York stores such as Saks Fifth Avenue was 'causing confusion'
But lawyers for Christian Louboutin argued that these were unreliable findings and Judge Marrero agreed.
It is not known when a verdict on the case will be reached as the Judge has asked for more time.
Both parties have been ordered back to court later this week.
No comments:
Post a Comment