By  on January 4, 2012

The battle of the red-soled shoes goes on and Yves Saint Laurent — which has been trading legal blows with Christian Louboutin on the issue since April — on Tuesday picked up the support of 11 law professors.

The professors, who research, write and teach trademark law and related topics, filed an amicus brief with the Federal Court of Appeals for the Second Circuit and said Louboutin’s arguments to protect a single color in fashion “should be rejected in order to preserve freedom of innovation and competition.”

Louboutin sued YSL in the Southern District of New York in an effort to protect its 2008 red-sole trademark, but in August the federal judge hearing the case denied Louboutin an injunction that would have kept YSL from selling red-soled shoes.

The ruling endangered Louboutin’s trademark and the company appealed, garnering in October support of Tiffany & Co., which has a trademark for its signature blue packaging. Louboutin has argued that the color is vital to the brand’s DNA and that infringing on its trademark would cause irreparable harm.

YSL answered the appeal last week and said Louboutin had not shown irreparable harm.

 

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