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government-trade

Judge Disregards YSL Exhibits in Louboutin Case

Court still to decide on preliminary injunction.

NEW YORK — Judge Victor Marrero sided with plaintiff Christian Louboutin Wednesday and said the court would disregard certain exhibits submitted by defendant Yves Saint Laurent as it decides whether to grant a preliminary injunction barring the sale of red-soled shoes from YSL’s 2011 cruise collection.

Coming off the July 22 preliminary injunction hearing in New York’s Southern District Court, both sides submitted to the judge a series of letters summarizing their positions.

In their letter, YSL attached exhibits, which, according to Louboutin attorney Harley Lewin, of McCarter & English, were either “unsupported on the record or irrelevant.”

One exhibit, depicting a chart of YSL red-soled shoes from 2004 to the present, was submitted as evidence. It had been a contentious document during the hearing because the plaintiff told the court it was unable to verify its accuracy.

“This exhibit is a bald attempt of YSL and counsel to circumvent the law and sneak into evidence the chart they acknowledged was a ‘demonstrative’ at the July 22 hearing,” Lewin said.

The court agreed to omit that exhibit, as well as several others.

“We are not concerned about [the judge’s decision to disregard the exhibits] at all,” said YSL attorney David Bernstein, of Debevoise & Plimpton LLP. “The judge knows he has all the evidence he needs [to make a decision on the injunction].”

Bernstein said YSL does not intend to submit any further documentation.

Filed in the Southern District of New York in April, Louboutin alleged that red pumps from YSL’s collection of monochromatic shoes violates the red-sole trademark Louboutin obtained in 2008.

It is not known when the judge might issue a decision on the preliminary injunction.