Christian Louboutin is planning to appeal a Manhattan federal judge’s ruling that denied the brand a preliminary injunction against Yves Saint Laurent, giving YSL the green light to sell red-soled shoes from its cruise collection while the two companies battled their trademark case out in court.
Louboutin sued YSL in April to protect its trademark for the designer’s famous red-soled shoes.
But Judge Victor Marrero wrote in his ruling Wednesday that “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.” The judge argued that placing restrictions on a single color could stifle both art and commerce.
Louboutin’s attorney, Harley Lewin of McCarter & English, said the company was in the process of filing a notice of appeal Friday and plans to oppose any move for summary judgment.
YSL’s attorney said earlier in the week that the company would request a summary judgment, which the judge indicated in his ruling could lead to the cancellation of Louboutin’s 2008 trademark.
“Waiting for the final order is an exercise in futility, although we’re going to fight like hell,” Lewin said, noting the company was concerned about red-soled copycats coming into the market. “They will think it is open season and it is not by any stretch of the imagination.”
Lewin said a hearing on the case has been scheduled for Aug. 19.
@margotrobbie steps out onto the red carpet wearing @miumiu. The actress is nominated for “Outstanding Performance by a Female Actor in a Leading Role” in “I, Tonya” at the #SagAwards. (📷: Stewart Cook) #wwdfashion
For @massimogiorgetti of @msgm, the Nineties are his favorite decade. “They had a huge impact on my personal growth. What I like of the Nineties is that they are not so precise in terms of style as other decades…there was actually a bit of everything,” he said. As seen on MSGM’s Spring 2018 show: tie-dye and a bit of grunge, two styles that are synonymous with the decade #wwdfashion #wwddecades (📷: @kukukuba)
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For Lady Gaga’s only Italian show on her “Joanne World Tour,” the singer wore a range of @versace_official outfits. The standout piece: this custom-made bodysuit inspired by the brand’s spring 2018 collection. #wwdfashion (RG: @ladygaga)
@_camillaruth_ is expanding on the wellness-craze concept with @westbourne – a new NYC restaurant that’s both a healthy-minded café as well as a business that gives back to the community. Marcus works with the Robin Hood foundation to give back to The Door, a non-profit providing youth development services, and also hires employees through The Door. Read our full interview with Marcus on giving back through food on WWD.com. #wwdeye (📷: @lexieblacklock)