Christian Louboutin SA lost a court bid to stop Yves Saint Laurent
America from selling women's shoes that Louboutin claims are identical
to its trademarked red-sole footwear. U.S. District Judge Victor
Marrero in Manhattan rejected Louboutin's request for a preliminary
injunction halting sales of the shoes during the case. "Because in the
fashion industry color serves ornamental and aesthetic functions vital
to robust competition, the court finds that Louboutin is unlikely to be
able to prove that its red outsole brand is entitled to trademark
protection," Marrero said in an opinion filed today.Louboutin, a
Paris-based fashion company, sued Yves Saint Laurent in April, accusing
it of selling shoes "with red outsoles that are virtually identical" to
Louboutin's. Saint Laurent's shoes "threaten to mislead the public,"
according to the complaint.
